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MARTINEZ v. HITACHI CONSTR. MACHINERY CO., LTD.

15 Misc.3d 244 (2006)

829 N.Y.S.2d 814

ADRIAN MARTINEZ, Plaintiff, v. HITACHI CONSTRUCTION MACHINERY CO., LTD., et al., Defendants.

Supreme Court, Bronx County.

August 18, 2006.

Attorney(s) appearing for the Case

Corleto & Associates, P.C., White Plains (Brian S. Frank of counsel), for Sanzo Enterprises, Inc., defendant.

Cruser & Mitchell, LLP, Melville (Rondienne Novitz of counsel), and Lowe Eklund Wakefield & Mulvihill Co., L.P.A., Cleveland, Ohio (Mark L. Wakefield of counsel), for plaintiff.

OPINION OF THE COURT

LUCY BILLINGS, J.

Plaintiff, an employee of defendant Kids Waterfront Corp., sues to recover for traumatic personal injuries, including bilateral amputation of his legs, from an excavator owned by defendant Sanzo Enterprises, Inc., and operated by Jose Ochoa, a co-employee of Kids Waterfront. Sanzo Enterprises has moved for summary judgment dismissing the complaint against this defendant (CPLR § 3212 [b]). For the reasons explained...

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