Galioto v. Sears, Roebuck & Co.

—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Plaintiff was injured while using a hammer purchased from defendant Sears, Roebuck & Company and manufactured by defendant Vaughan & Bushnell Mfg. Co. (Vaughan & Bushnell). A metal fragment broke away from the head of the hammer, piercing the abdomen of plaintiff and lodging in his liver. Plaintiff commenced this action alleging causes of action for negligence, products liability and breach of warranty. Defendants appeal from an order granting plaintiff’s motion to compel…