It is hereby ordered that the order insofar as appealed from be and the same hereby is unanimously reversed on the law without costs, the motion is denied in its entirety and the defective design claims are reinstated.
Memorandum:
Plaintiffs commenced this action seeking damages for injuries sustained by Jerry A. Beemer (plaintiff) while he was driving a tractor equipped with a backhoe attachment and a roll guard. He was using the backhoe to dig a trench,...
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