RIOS v. MINSTER MACHINE COMPANY

The claims for negligence and strict products liability for design defect were properly dismissed as against defendant and third-party plaintiff upon the basis of uncontroverted evidence that plaintiff's employer had substantially altered the machine by removing a key safety feature, and that the accident would not have occurred had the machine been left as originally designed and manufactured ( see, Robinson V Reed-Prentice Div., 49 N.Y.2d 471).

Concur — Ellerin, J.P., Rubin, Tom, Mazzarelli and Andrias, JJ.