Hubbs v. Joseph Enterprises

Appeals (1) from that part of an order of the Supreme Court (Tait, Jr., J.), entered January 11, 1993 in Madison County, which partially denied defendants’ motion for summary judgment dismissing the complaint, and (2) from the judgment entered thereon.

Plaintiff, an approximately 80-year-old woman who suffers from arthritis and osteoporosis, claims that she sustained injuries to her hand and wrist when she clapped her hands together in an attempt to activate "The Clapper”, a device which is designed to turn electrical appliances on or off by responding to sound. Plaintiff commenced this action…