Ordered that the judgment is reversed, on the law and as a matter of discretion, and a new trial is granted, with costs to abide the event.
The plaintiff Francis L. Mercatante, an employee of Star Industries, Inc., was injured while operating an electric "Walkie-Rider" pallet jack truck which his employer had purchased from the defendant Hyster Company. The plaintiff and his wife commenced suit against the Hyster Company, alleging that a malfunction in the machinery...
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