ARMSTRONG v. FOXCROFT NURSERIES, INC.


283 A.D.2d 814 (2001)

724 N.Y.S.2d 551

SHANE ARMSTRONG, Appellant, v. FOXCROFT NURSERIES, INC., Respondent.

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

Decided May 17, 2001.


Mercure, J.

Plaintiff, an equipment operator, was injured while working on a landscape construction project in Connecticut. The injury occurred when he attempted to adjust the forks on a forklift and one of the forks fell on his leg. Crow and Sutton Associates (hereinafter C & S), a corporation, was the landscape contractor for the project and the forklift was owned by defendant. After issue was joined in this personal injury action arising out of plaintiff's...

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