Crew III, J.P.
The instant action arose out of an incident that occurred while plaintiff Michail Theoharis was working in a warehouse and fell approximately 15 feet from the elevated forklift that he was operating. Theoharis's employer leased the forklift from defendant Pengate Handling Systems of New York, Inc. (hereinafter defendant) with which it had entered into a maintenance agreement requiring defendant to provide service and repairs to the forklift. The forklift...
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