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DIXON v. BINDER MACH. CO.

247 A.D.2d 576 (1998)

669 N.Y.S.2d 249

John R. Dixon, Respondent, v. Binder Machinery Company, Appellant, et al., Defendants. (And a Third-Party Action.)

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

February 23, 1998

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff, an employee of the third-party defendant Yonkers Contracting, was injured when the upper windshield of a hydraulic excavator he was operating fell from its open position and struck him on the head. The excavator was leased to Yonkers Contracting by the appellant Binder Machinery Company (hereinafter Binder). We agree with the Supreme Court that the existence of numerous issues...

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