MENDOZA v. GRACE INDUSTRIES INC.


4 A.D.3d 272 (2004)

772 N.Y.S.2d 687

MARIANO MENDOZA, Appellant, v. GRACE INDUSTRIES INC. et al., Respondents.

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

February 26, 2004.


Plaintiff seeks damages for personal injuries sustained when his car was struck by the hydraulic arm of a backhoe as he drove north on Riverside Drive near the George Washington Bridge on the afternoon of May 8, 2000. The backhoe was standing in the shoulder of the road, engaged in the removal of roadside curbing. As plaintiff approached, the arm of the backhoe, carrying a 20-foot length of curbing in its bucket, suddenly swung into the right-hand lane of traffic and smashed...

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