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VANNUCCI v. RAYMOND CORP.

258 A.D.2d 198 (1999)

693 N.Y.S.2d 347

JOSEPH VANNUCCI et al., Appellants, v. RAYMOND CORPORATION et al., Respondents.

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

August 5, 1999.

Attorney(s) appearing for the Case

Wayne P. Smith, Schenectady, for appellants.

Pearl & Smith, Rochester (Donald A. W. Smith of counsel), for respondents.

MIKOLL, J.P., MERCURE, CARPINELLO and GRAFFEO, JJ., concur.

OPINION OF THE COURT

PETERS, J.

On August 30, 1990, plaintiff Joseph Vannucci (hereinafter plaintiff), employed as a forklift operator by General Electric Company (hereinafter GE), was operating a forklift designed, manufactured and distributed by defendant Raymond Corporation. The Raymond forklift is a stand-up vehicle with an operator's compartment located in the rear. It is undisputed that the design of such...

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