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MORANO v. WESTCHESTER PAVING & SEALING CORP.

7 A.D.3d 495 (2004)

776 N.Y.S.2d 83

MICHAEL MORANO ET AL., Appellants, v. WESTCHESTER PAVING & SEALING CORP. ET AL., Defendants, and COLUMBUS CONSTRUCTION CORP. ET AL., Respondents.

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

May 3, 2004.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff Michael Morano allegedly was injured when an asphalt roller, owned by the defendant Columbus Construction Corp. (hereinafter Columbus) and manufactured by the defendant Dynapac Manufacturing, Inc. (hereinafter Dynapac), allegedly malfunctioned and crashed into him. During discovery a former employee of Columbus testified at a deposition that he kept logbooks of any maintenance performed...

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