Appellate Division of the Supreme Court of the State of New York November 15, 1995 (Bouter v. Durand-Wayland, Inc.)

—Order unanimously reversed on the law without costs, motion granted and complaint dismissed. Memorandum: In 1973, defendant’s predecessor designed for and sold to the predecessor of third-party defendant an apple-sizing machine. As designed, the moving parts of the machine were more than six feet off the ground.