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RETZ v. ALCO EQUIPMENT, INC.

259 A.D.2d 898 (1999)

686 N.Y.S.2d 527

JOHN RETZ et al., Respondents, v. ALCO EQUIPMENT, INC., Defendant and Third-Party Plaintiff-Appellant-Respondent. SURPASS CHEMICAL COMPANY, INC., Third-Party Defendant-Appellant.

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

Decided March 11, 1999.

Crew III, J.

In late April 1994 or early May 1994, third-party defendant, Surpass Chemical Company, Inc., experienced problems with the hydraulic lift on one of its trucks. As a consequence, the truck was sent to defendant for repairs. Thereafter, on May 31, 1994, plaintiff John Retz (hereinafter plaintiff), an employee of Surpass, was using the aforesaid hydraulic lift to unload pallets of five-gallon buckets of chlorine when the lift abruptly dropped approximately...

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