ISSELBACHER v. LARRY LOPEZ TRUCK EQUIP. MFG. CO.

2008-01868.

66 A.D.3d 840 (2009)

887 N.Y.S.2d 232

2009 NY Slip Op 7592

MURRAY ISSELBACHER et al., Appellants, v. LARRY LOPEZ TRUCK EQUIPMENT MFG. Co. et al., Respondents, et al., Defendants.

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

Decided October 20, 2009.


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

In March 2002 the plaintiff Murray Isselbacher (hereinafter the injured plaintiff) allegedly was injured while attempting to manually engage the dump mechanism on a dump truck while the engine was running, when he reached for a lever under the truck and his hand came into contact with a rotating shaft. The injured plaintiff had purchased the truck in December 1999 from the defendant...

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