DIVER v. McCLINCH EQUIPMENT CORPORATION


305 A.D.2d 533 (2003)

759 N.Y.S.2d 350

ROBERT DIVER et al., Respondents, v. McCLINCH EQUIPMENT CORPORATION, Appellant, et al., Defendant.

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

Decided May 19, 2003.


Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the defendant McClinch Equipment Corporation, and the action against the remaining defendant is severed.

The injured plaintiff slipped and fell during the course of his job at the Jacob Javits Convention Center (hereinafter the Javits Center) on an "oily fluid" that allegedly had leaked from one of two 45-foot boom lifts owned by...

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