STRENK v. RAUSCH EQUIP. CORP.


58 A.D.2d 986 (1977)

Andrew Strenk, Respondent, v. Rausch Equipment Corporation, and as a Subsidiary of Syracuse Supply Co., Appellant

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

July 12, 1977


Order unanimously reversed, without costs, motion granted, and complaint dismissed.

Memorandum:

Plaintiff, an employee of Continental Can Corporation, commenced this personal injury action on February 19, 1976 seeking damages for injuries sustained on October 30, 1970 when a highlift machine tipped over on him. The complaint set forth causes of action grounded in negligence and breach of express and implied warranty. Defendant, the alleged dealer of the machine...

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