138 A.D.2d 369 | N.Y. App. Div. | 1988
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Cannavo, J.), entered October 14, 1986, which granted the motion of the defendant U.S. Electrical Tool Co. to renew its previous motion for summary judgment and, upon renewal, granted that motion dismissing the plaintiff’s complaint as against the defendant.
Ordered that the order is affirmed, without costs or disbursements.
The plaintiff was allegedly injured while using a machine that was manufactured by a company known as the United States Electrical Tool Company. The model of the machine in question was manufactured from sometime in the 1930’s until sometime prior to 1968. In July 1968 United States Electrical Tool Company sold its name, most of its assets, and its goodwill to an intermediary, the defendant Summit Industries, Inc., which in turn conveyed its entire interest to a newly formed company, the defendant U.S. Electrical Tool Co. United States Electrical Tool Company continued to exist, but changed its name to Fort Mitchell Tool Co., which is also a named defendant in this action.