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PARKER v. CROWN EQUIPMENT CORPORATION

39 A.D.3d 347 (2007)

835 N.Y.S.2d 46

KENNETH PARKER, Respondent, v. CROWN EQUIPMENT CORPORATION, Formerly Known as CROWN CONTROLS CORP., et al., Appellants, et al., Defendants. KENNETH PARKER, Respondent, v. CROWN EQUIPMENT CORPORATION, Formerly Known as CROWN CONTROLS CORP., Appellant, et al., Defendants. KENNETH PARKER, Appellant, v. CROWN EQUIPMENT CORPORATION, Formerly Known as CROWN CONTROLS CORP., et al., Respondents, et al., Defendants.

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

Decided April 17, 2007.

Regarding the claim for negligent maintenance, repair and inspection of the stand-up forklift that allegedly caused plaintiff's injuries, there are factual issues as to whether defendants deviated from a standard of care when servicing the vehicle, and whether faulty brakes actually caused the accident. At this point in the proceedings, defendants are unable to establish that they neither created nor were aware of the braking problems...

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