BOULOY v. WESTINGHOUSE AIR BRAKE COMPANY


259 A.D.2d 292 (1999)

686 N.Y.S.2d 45

HARDIE BOULOY et al., Appellants, v. WESTINGHOUSE AIR BRAKE COMPANY et al., Respondents, et al., Third-Party Plaintiff. ADVANCED TOWING & RECOVERY, INC., Third-Party Defendant-Respondent.

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

Decided March 4, 1999.


The parties plaintiff seeks to add under the relation-back doctrine of CPLR 203 are not united in interest with any of the named defendants. As for plaintiff's product liability claims, we agree with the IAS Court that the manufacturer could not have foreseen an attempt to lift this 250-pound air compressor out of the back of a moving truck by using chains attached to a block and tackle while half of the unit was balanced on a jack and tire rim, and that such activity, the...

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