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FONTANA v. PERFECTION COBEY CO.

115 A.D.2d 277 (1985)

Richard L. Fontana, Respondent, v. Perfection Cobey Co., Appellant and Third-Party Plaintiff-Appellant, and Thiele, Inc., et al., Respondents and Third-Party Plaintiffs-Appellants. City of Buffalo, Third-Party Defendant-Respondent

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

November 15, 1985

Order unanimously affirmed, with costs.

Memorandum:

Plaintiff was injured when the body of a dump truck he was operating dislodged from the chassis and hydraulic cylinder and fell on the cab of the truck. An inspection of the truck after the incident revealed that the failure occurred at the point where brackets and bolts were used to attach the cylinder to the body of the truck. Defendant Perfection Cobey Co. (Perfection), the manufacturer of the brackets...

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