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CONROY v. MARMON ENTERS., INC.

253 A.D.2d 839 (1998)

678 N.Y.S.2d 372

Daniel Conroy, Appellant, v. Marmon Enterprises, Inc., Defendant and Third-Party Plaintiff-Respondent. Garden World, Inc., Third-Party Defendant-Respondent

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

September 28, 1998

Ordered that the judgment is affirmed, with one bill of costs.

The plaintiff was injured when he fell off a forklift on which he was standing as it traveled over a speed bump, which had a 6-inch gap in it for drainage purposes. The plaintiff has failed to present any evidence that the defendant third-party plaintiff, Marmon Enterprises, Inc., the owner of the premises, was negligent, because he failed to establish that the...

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