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MONTALBANO v. KURT WEISS FLORIST, INC.

1 A.D.3d 414 (2003)

767 N.Y.S.2d 113

CRAIG MONTALBANO, Appellant, v. KURT WEISS FLORIST, INC., Now Known as KURT WEISS GREENHOUSES, INC., Respondent.

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

November 10, 2003.

Ordered that the order is affirmed, with costs.

The plaintiff, an employee of K-Mart Stores, Inc. (hereinafter K-Mart), was injured when a coworker drove a forklift over his right foot. At the time, the plaintiff and his coworker were trying to hoist a pallet jack onto a forklift owned by K-Mart and operated by the coworker, and then onto a delivery truck owned by the defendant. The driver of the defendant's delivery truck had not brought a pallet jack with him and...

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