Opinion
October 26, 1984
Appeal from the Supreme Court, Nassau County (Pantano, J.).
Order modified, by deleting the words "Items 2, 3, and 5 are" from the fourth paragraph thereof and substituting therefore the words "Item 5 is" and by adding after the fourth paragraph the following: "Items 2 and 3 are limited to a period of three years prior to the happening of this accident and to claims similar in nature to the one alleged, involving the same type of machine or involving the identical components in the Multipress line of machines manufactured by defendants Abex Corporation (and/or Abex Corporation, Denison Division) and Abex Denison Multipress". As so modified, order affirmed, insofar as appealed from, without costs or disbursements (See Johantgen v Hobart Mfg. Co., 64 A.D.2d 858, 859; Ribley v Harsco Corp., 84 Misc.2d 744, aff'd 57 A.D.2d 228; Petty v Riverbay Corp., 92 A.D.2d 525; Matos v City of New York, 78 A.D.2d 834.) Brown, J.P., Niehoff, Rubin and Eiber, JJ., concur.