CARLOS MEDINA, plf-res, v. BIRO MANUFACTURING COMPANY def-ap, 601 OLD COUNTRY ROAD CORPORATION, DOING BUSINESS AS JOHN'S FARMS, def

4257. CARLOS MEDINA, plf-res, v. BIRO MANUFACTURING COMPANY def-ap, 601 OLD COUNTRY ROAD CORPORATION, DOING BUSINESS AS JOHN'S FARMS, def — [AND A THIRD-PARTY ACTION] Moran Reeves & Conn PC, Richmond, VA (C. Dewayne Lonas of the bar of the State of Virginia, admitted pro hac vice, of counsel), for Biro Manufacturing Company, ap — Milber Makris Plousadis & Seiden, LLP, White Plains (Gregory Saracino of counsel), for Bi-County Scale & Equipment Co. LLC, ap — Law Offices of Bruce E. Cohen & Associates, P.C., Melville (Bruce E. Cohen of counsel), for res — Order, Supreme Court, New York County (Shlomo Hagler, J.), entered on or about October 17, 2016, which, insofar as appealed from, denied defendant Biro Manufacturing Company's motion for summary judgment dismissing the strict products liability claim as against it, and denied defendant Bi-County Scale & Equipment Co., LLC's motion for summary judgment dismissing the negligence claim as against it, unanimously modified, on the law, to grant Biro's motion except to the extent it is predicated on a design defect theory, and to grant Bi-County's motion, and otherwise affirmed, without costs. The Clerk is directed to enter judgment dismissing the complaint as against Bi-County.

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4257. CARLOS MEDINA, plf-res, v. BIRO MANUFACTURING COMPANY def-ap, 601 OLD COUNTRY ROAD CORPORATION, DOING BUSINESS AS JOHN’S FARMS, def — [AND A THIRD-PARTY ACTION] Moran Reeves & Conn PC, Richmond, VA (C. Dewayne Lonas of the bar of the State of Virginia, admitted pro hac vice, of counsel), for Biro Manufacturing Company, ap — Milber Makris Plousadis & Seiden, LLP, White Plains (Gregory Saracino of counsel), for Bi-County Scale & Equipment Co. LLC, ap — Law Offices of Bruce E. Cohen & Associates, P.C., Melville (Bruce E. Cohen of counsel), for res — Order, Supreme Court, New York County (Shlomo Hagler, J.), entered on or about October 17, 2016, which, insofar as appealed from, denied defendant Biro Manufacturing Company’s motion for summary judgment dismissing the strict products liability claim as against it, and denied defendant Bi-County Scale & Equipment Co., LLC’s motion for summary judgment dismissing the negligence claim as against it, unanimously modified, on the law, to grant Biro’s motion except to the extent it is predicated on a design defect theory, and to grant Bi-County’s motion, and otherwise affirmed, without costs. The Clerk is directed to enter judgment dismissing the complaint as against Bi-County.

Plaintiff was injured when the blade of a meat-cutting bandsaw he was operating at his place of employment allegedly dislodged and fell on his left hand. Plaintiff testified that the blade faced the right and that he was pushing the meat from right to left through the blade and grabbing it with his left hand from the left (noncutting) side of the blade.

CARLOS MEDINA, plf-res, v. BIRO MANUFACTURING COMPANY def-ap, 601 OLD COUNTRY ROAD CORPORATION, DOING BUSINESS AS JOHN'S FARMS, def

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