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NICHOLS v. CUMMINS ENGINE COMPANY

273 A.D.2d 909 (2000)

709 N.Y.S.2d 319

HOWARD J. NICHOLS, as Administrator of the Estate of JOHN SPROSTON, Deceased, Respondent-Appellant, v. CUMMINS ENGINE COMPANY, Defendant, CHANCE RIDES, INC., Respondent-Appellant, and AUBURN ARMATURE, INC., Appellant-Respondent.

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

Decided June 16, 2000.

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: In 1991 plaintiff's decedent, an employee of third-party defendant, Gillette Shows, Inc. (Gillette), was electrocuted when he touched the gantry (framed structure) on a platform trailer while holding onto a car on the Skydiver ride, thereby completing an electrical circuit. The Skydiver ride was manufactured prior to 1970 by Chance Manufacturing Company...

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