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FITZSIMMONS v. WILDER MFG. CO., INC.

53 A.D.2d 743 (1976)

John R. Fitzsimmons et al., Respondents, v. Wilder Manufacturing Co., Inc., Appellant, et al., Defendant

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

June 10, 1976

In December, 1971 plaintiff John R. Fitzsimmons purchased a funeral home located in Margaretville, New York, from one Everett Herrick. In October, 1970 Mr. Herrick had purchased a hoist from defendant Kelco Supply Company which had been manufactured by appellant Wilder Manufacturing Co., Inc. The hoist, as advertised, consisted of a ceiling unit which enclosed the motor and gears, and from which hung six flexible straps. The straps, three on each side, when connected together...

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