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CORDANI v. THOMPSON & JOHNSON EQUIPMENT COMPANY, INC.

16 A.D.3d 1002 (2005)

792 N.Y.S.2d 675

RAY CORDANI, Respondent, v. THOMPSON & JOHNSON EQUIPMENT COMPANY, INC., et al., Defendants and Third-Party Plaintiffs-Appellants-Respondents. DeCRESCENTE DISTRIBUTING COMPANY, Third-Party Defendant-Respondent-Appellant.

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

March 31, 2005.

Carpinello, J.

The instant action sounding in negligence and strict products liability stems from a July 1998 accident wherein plaintiff was struck by a forklift being operated in reverse by a coworker during their employment with third-party defendant, DeCrescente Distributing Company. The subject forklift was manufactured by defendant Clark Equipment Company and leased to DeCrescente by defendant Thompson & Johnson Equipment Company, Inc. Indeed, in 1995, after...

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