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ATKISSON v. MANITOBA CORP.

192 A.D.2d 1077 (1993)

596 N.Y.S.2d 237

William B. Atkisson, Appellant, v. Manitoba Corporation et al., Defendants, and Pine Tree Machinery, Individually and as Successor to Rigby Machinery, Inc., Respondent

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

April 14, 1993

Order unanimously modified on the law and as modified affirmed with costs to plaintiff in accordance with the following Memorandum: We conclude that arguably a question of fact exists whether defendant Pine Tree Machinery is a successor corporation to defendant Rigby Machinery, Inc. and therefore strictly liable for plaintiff's injuries (see, Sweatland v Park Corp., 181 A.D.2d 243, 245-246). This issue should be determined...

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