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RUPOLO v. OSHKOSH TRUCK CORP.

No. 05-CV-2978 (SLT)(RER).

749 F.Supp.2d 31 (2010)

Michael RUPOLO and Cassandra Rupolo, Plaintiffs, v. OSHKOSH TRUCK CORPORATION, Defendant.

United States District Court, E.D. New York.

June 1, 2010.

Attorney(s) appearing for the Case

Robert J. Poblete , Asher & Associates, P.C., New York, NY, Stacy Nicole Baden , Asher & Associates, P.C., Staten Island, NY, for Plaintiff.

Carl Judah Schaerf , Schnader Harrison Segal & Lewis LLP, New York, NY, for Defendant.

MEMORANDUM AND ORDER

TOWNES, District Judge:

Michael Rupolo ("Mr. Rupolo") and his wife, Cassandra, (collectively, "Plaintiffs") bring this products liability action to recover for injuries Mr. Rupolo sustained when he fell from a ladder on the front of a cement truck manufactured by defendant Oshkosh Truck Corporation ("Defendant" or "Oshkosh"). On October 27, 2009, 2009 WL 6547339, Magistrate Judge Ramon E.

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