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TOTH v. CARGILL, INC., NUTRENA FEEDS DIV.

236 A.D.2d 707 (1997)

653 N.Y.S.2d 215

Paul Toth et al., Appellants, v. Cargill, Inc., Nutrena Feeds Division, Respondent. (And a Third and Fourth-Party Action.)

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

February 6, 1997

Peters, J.

Plaintiff Paul Toth (hereinafter plaintiff), an electrician, was engaged in repairing some electrical wiring at a height of approximately 15 to 20 feet above the ground. He was standing on a wooden pallet lifted up off the ground by a forklift. As plaintiff prepared to remove a conduit cover, he moved to the left side of the pallet. As he did so, the pallet shifted. To steady himself, plaintiff reached out with his right hand and grabbed a...

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