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GARNSEY v. MORBARK INDUSTRIES, INC.

No. 95-CV-1692.

971 F.Supp. 668 (1997)

Michael GARNSEY and Georgia Garnsey, Plaintiffs, v. MORBARK INDUSTRIES, INC. and Morbark Forestry, Inc. Defendants.

United States District Court, N.D. New York.

July 15, 1997.

Attorney(s) appearing for the Case

Finkelstein, Levine, Gittelsohn, & Tetenbaum, Newburgh, NY (Steven Lim, of counsel), for Plaintiffs.

Jeffrey Samel & Associates, New York City (Jeffrey Samel, of counsel), for Defendants.

MEMORANDUM, DECISION AND ORDER

McAVOY, Chief Judge.

Plaintiffs Michael and Georgia Garnsey bring this product liability action pursuant to the Court's diversity jurisdiction under 28 U.S.C. § 1332. Defendants now move for summary judgment.

I. BACKGROUND

A. Facts

On May 23, 1994, plaintiff Michael Garnsey ("plaintiff") was injured while using a Morbark Model 22 chipper in...

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