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MARTIN v. DIERCK EQUIP. CO.

52 A.D.2d 463 (1976)

Dwight C. Martin, Respondent, v. Julius Dierck Equipment Co. et al., Appellants. Raymond Corporation, Third-Party Plaintiff-Appellant, and Western Electric Corp., Third-Party Defendant-Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 14, 1976

Attorney(s) appearing for the Case

Rivkin, Leff & Sherman for Julius Dierck Equipment Co., appellant.

Alexander, Ash, Schwartz & Cohen (Sidney A. Schwartz and Irwin H. Haut of counsel), for Raymond Corporation, appellant.

Lawrence M. Rosenberg (Seymour Armstrong of counsel), for respondent.

HOPKINS, Acting P. J., COHALAN and CHRIST, JJ., concur; DAMIANI, J., dissents and votes to affirm the order on the opinion of Mr. Justice WALLACH at Special Term.

TITONE, J.

Plaintiff, a resident of the District of Columbia, was injured during the course of his employment at the premises of his employer, Western Electric Corporation, located in Arlington, Virginia. The accident occurred on June 7, 1968 while he was operating a forklift truck which was manufactured by defendant Raymond Corporation (Raymond), and which was sold to Western Electric, "f.o.b. Greene, New York...

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