Herbert v. Deere & Co.

Appellate Division of the Supreme Court of New York

Herbert v. Deere & Co.

128 A.D.2d 836, 513 N.Y.S.2d 344, 1987 N.Y. App. Div. LEXIS 44523

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 30, 1987

StatusPublished

This text of 128 A.D.2d 836 (Herbert v. Deere & Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Herbert v. Deere & Co., 128 A.D.2d 836, 513 N.Y.S.2d 344, 1987 N.Y. App. Div. LEXIS 44523 (N.Y. Ct. App. 1987).

Pincite

Opinion

In an action to recover damages for personal injuries, etc., the defendant Deere & Company appeals from an order of the Supreme Court, Orange County (Martin, J.), dated September 23, 1985, which denied its motion for summary judgment dismissing the complaint and cross claims as against it.

Ordered that the order is affirmed, with costs.

We agree with Special Term that a triable issue of fact exists with respect to whether Deere & Company furnished an adequate guard for the fan blades, and, if not, whether it is liable for having failed to do so. Bracken, J. P., Weinstein, Rubin and Harwood, JJ., concur.

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In an action to recover damages for personal injuries, etc., the defendant Deere & Company appeals from an order of the Supreme Court, Orange County (Martin, J.), dated September 23, 1985, which denied its motion for summary judgment dismissing the complaint and cross claims as against it.

Ordered that the order is affirmed, with costs.

We agree with Special Term that a triable issue of fact exists with respect to whether Deere & Company furnished an adequate guard for the fan blades, and, if not, whether it is liable for having failed to do so. Bracken, J. P., Weinstein, Rubin and Harwood, JJ., concur.

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Bluebook (online)

128 A.D.2d 836, 513 N.Y.S.2d 344, 1987 N.Y. App. Div. LEXIS 44523, Counsel Stack Legal Research, https://law.counselstack.com/opinion/herbert-v-deere-co-nyappdiv-1987.