TORRENS v. United Rockland Stairs, Inc., third-party defendant-respondent. (1999)

In a products liability action, the plaintiff appeals from so much of a judgment of the Supreme Court, Rockland County (Weiner, J.), dated May 29, 1998, as, upon a jury verdict, and the denial of his motion pursuant to CPLR 4404(a) to set aside the verdict, is in favor of the defendant third-party plaintiff dismissing the complaint.

ORDERED that the judgment is affirmed insofar as appealed from, with one bill of costs.

The plaintiff, a woodworker, was allegedly injured while using a wood-shaping device manufactured by the defendant third-party plaintiff.   He argues on appeal that the court improperly precluded him from offering evidence that, subsequent to the accident, his employer fashioned a safety guard for the device which allegedly would have prevented his injury.   Contrary to the plaintiff's contention, the court properly excluded that evidence, as the defendant third-party plaintiff conceded that such a safety guard could easily have been created (see, Cover v. Cohen, 61 N.Y.2d 261, 473 N.Y.S.2d 378, 461 N.E.2d 864).

MEMORANDUM BY THE COURT.