92 A.D.2d 677 | N.Y. App. Div. | 1983
— Appeal (1) from an order of the Supreme Court at Special Term (Shea, J.), entered March 23, 1982 in Rensselaer County, which granted third-party plaintiff’s motion to dismiss the fourth defense in the answer of third-party defendant Sperry Rand Corporation, and (2) from the judgment entered thereon. Plaintiff Harold Alger was injured on June 21,1975 while in the employ of the Troy Cemetery Association. He was standing near a stopped garden tractor, manufactured by defendant and third-party plaintiff Ariens Company, when the tractor allegedly jumped forward, knocked him to the ground and ran over the lower part of his body. Subsequently, plaintiffs brought this action to recover money damages for personal injuries and alleged