LaMARCA v. PAK-MOR MFG. CO.


95 N.Y.2d 210 (2000)

735 N.E.2d 883

713 N.Y.S.2d 304

PAUL LaMARCA, Appellant, v. PAK-MOR MANUFACTURING COMPANY, Respondent, et al., Defendants. (And a Third-Party Action.)

Court of Appeals of the State of New York.

Decided July 6, 2000.


Attorney(s) appearing for the Case

Dempsey & Dempsey, Buffalo (Helen Kaney Dempsey and Mary Lisa Mikan of counsel), for appellant.

Block & Colucci, P. C., Buffalo (D. Patrick Gallaher of counsel), for respondent.

Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE and CIPARICK concur; Judge WESLEY taking no part.


OPINION OF THE COURT

ROSENBLATT, J.

The case before us involves a challenge to New York's long-arm jurisdiction. Plaintiff, a Town of Niagara employee, sued defendant Pak-Mor Manufacturing Company, a Texas corporation, alleging that he was injured when he fell from a sanitation truck equipped with a defective Pak-Mor loading device. Plaintiff alleged negligence, breach of warranty, failure to warn and strict...

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