KUBISZYN v. TEREX DIV.


212 A.D.2d 93 (1995)

628 N.Y.S.2d 994

Nicholas W. Kubiszyn, Appellant, v. Terex Division of Terex Corp. et al., Respondents

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

June 9, 1995


Attorney(s) appearing for the Case

Barry J. Donohue, Tonawanda, for appellant.

Thorn & Gershon, Albany (Paul D. Jureller of counsel), for respondent.

DENMAN, P. J., GREEN, WESLEY and DOERR, JJ., concur.


BALIO, J.

On July 13, 1988, plaintiff, a skilled trades mechanic employed at the Harrison Radiator Division of General Motors Corporation (GMC), fell while performing maintenance on a front-end loader. The front-end loader was manufactured in 1977 by the Terex Division of GMC. It was delivered from the Terex Division to the GMC Harrison plant without being sold through a dealer.

In 1980 GMC sold its Terex...

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