CONWAY v. GRAND RENTAL STATION/STORAGE LAND


295 A.D.2d 224 (2002)

744 N.Y.S.2d 27

PATRICK CONWAY et al., Respondents, v. GRAND RENTAL STATION/STORAGE LAND, Appellant, et al., Defendant.

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

Decided June 20, 2002.


Plaintiff Patrick Conway tripped and fell when his foot got caught in the tail flap of a truck owned and leased to him by defendants. Plaintiff alleged that a tripping hazard was created because the tail flap had been folded over in an elevated position due to a malfunction in the lift gate's hydraulic control which, in turn, was due to the negligence of defendants. Plaintiff's deposition testimony established that the hydraulic lift gate was a level transport platform that...

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