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KALAM v. K-METAL FABRICATIONS, INC.

286 A.D.2d 603 (2001)

730 N.Y.S.2d 299

ABDUL KALAM, Appellant, v. K-METAL FABRICATIONS, INC., Respondent, et al., Defendant. K-METAL FABRICATIONS, INC., Third-Party Plaintiff-Respondent, v. SOLID WASTE MANAGEMENT SYSTEMS, INC., Third-Party Defendant.

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

Decided September 13, 2001.

Plaintiff testified at trial that he was injured when, at his employer's request, he attempted to retrieve a pen which was stored on a ledge inside a compactor machine. Defendant and third-party plaintiff K-Metal Fabrications, Inc. (K-Metal) manufactured the machine and third-party defendant Solid Waste Management Systems, Inc. (Solid Waste) distributed it. Plaintiff's expert testified that the accident would not have happened if a safety guard were properly in place on the...

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