Majority
—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Nassau County (Lally, J.), dated December 4, 2001, which granted the respective motions of the defendant Ford Motor Company and the defendant Málvese Tractor & Implement Co., Inc., for summary judgment dismissing the complaint insofar as asserted against them.
Ordered that the order is affirmed, with one bill of costs.
The injured plaintiff was hurt when a portion of a drive shaft from the post-hole digger alongside of which he was standing flew out from the machinery and struck his arm. The injured plaintiff, and his wife, derivatively, commenced this action against Ford Motor Company (hereinafter Ford) and Málvese Tractor & Implement Co., Inc. (hereinafter Málvese), the respective manufacturer and the supplier of the machinery. The defendants separately moved for summary judgment dismissing the complaint insofar as asserted against them. The Supreme Court granted the motions and the plaintiffs appeal. We affirm. .
Ford and Málvese each made a prima facie showing of
The plaintiffs’ remaining contentions are without merit. Krausman, J.P., Schmidt, Crane and Rivera, JJ., concur.
Cases cited
- Fraser v. Stihl Inc. 286 AD2d 661 at 662 p. 361
- Scardefield v. Telsmith, Inc. 267 AD2d 560 at 561-562 p. 361
- Ryan v. Arrow Leasing Corp. 260 AD2d 565 p. 361
- Liriano v. Hobart Corp. 92 NY2d 232 at 238 p. 361
- Robinson v. Reed-Prentice Division of Package Machinery Co. 49 NY2d 471 at 475 p. 361
- Zuckerman v. City of New York 49 NY2d 557 p. 361