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DOTY v. NAVISTAR INTL TRANSP

219 A.D.2d 32 (1996)

639 N.Y.S.2d 592

Phillip D. Doty, Sr., Individually and as Parent and Natural Guardian of Phillip D. Doty, Jr., an Infant, et al., Respondents-Appellants, v. Navistar International Transportation Corp., Formerly Known as International Harvester Co., et al., Appellants-Respondents, and Estate of Maynard A. Elwell, Deceased, Respondent

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

March 8, 1996

Attorney(s) appearing for the Case

Herzfeld & Rubin, P. C., New York City (Herbert Rubin, Michael Hoenig, David B. Hamm and Linda M. Brown of counsel [Pearl & Smith]), for International Harvester, appellant-respondent.

Maghran, McCarthy & Flynn, Buffalo (John Flynn of counsel), for Batavia Farm Equipment, Inc., appellant-respondent.

Andrews, Sanchez, Amigone, Kelleher, Mattrey & Marshall, Buffalo (Benjamin J. Andrews, Richard A. Clack and Kimberlee Lupton Danieu of counsel), for Phillip D. Doty, Sr. and another, respondents-appellants.

Grosse, Chelus, Herdzik & Speyer, P. C., Buffalo (Debra Chimes of counsel), for respondent.

PINE, J. P., CALLAHAN, DAVIS and BOEHM, JJ., concur.

WESLEY, J.

I

Phillip Doty, Jr. (Phillip) lost his left arm in a farm accident on October 17, 1981. Phillip, then nine years old, was sitting on the open grain bin of an International Harvester model 105 combine that his grandfather Maynard A. Elwell was using to harvest corn. At the time of the accident, the combine was stopped so that Mr. Elwell could check...

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