172 A.D.2d 64 | N.Y. App. Div. | 1991
OPINION OF THE COURT
Plaintiffs commenced this action to recover for injuries sustained in 1985 by plaintiff Israel Starobin in the course of his employment with third-party defendant, Lightron of Cornwall, Inc. (hereinafter Lightron), when a frame press accidentally cycled while Starobin was adjusting a die. It is undisputed that defendant Instrument Systems Corporation (hereinafter ISC), then the parent corporation of Lightron, purchased the frame press and placed it in service in 1969. In 1970, as part of a $4 million financing plan, ISC conveyed title to the press, together with other new and used equipment, to defendant CC Leasing Corporation and at the same time leased it back. At the end of the 10-year lease period, ISC paid a 2% termination fee and reacquired title to the press. In 1980, ISC divested itself of any interest in Lightron and, as a consequence, the press, which continued in operation at the Lightron facility. In 1982, Lightron replaced the components controlling the cycling of the machine by installing a Rockford tripping device, a safety package which included a key-operated electronic control box whereby the machine was placed in setup mode or palm control mode or set for single-stroke or continuous foot pedal operation. Plaintiffs appeal Supreme Court’s order granting summary judgment dismissing the complaint against ISC and CC Leasing.
We affirm. Initially, we agree with Supreme Court that
Finally, it is our view that Supreme Court properly dismissed the negligence cause of action against ISC.
Mahoney, P. J., Weiss, Yesawich Jr. and Levine, JJ., concur.
Ordered that the order is affirmed, with costs.
On appeal, plaintiffs do not contest the dismissal of their strict products liability cause of action against ISC.