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KIERSZNOWSKI v. SHANKMAN

CA 08-02617

67 A.D.3d 1366 (2009)

889 N.Y.S.2d 781

2009 NY Slip Op 08290

JOAN KIERSZNOWSKI, Appellant, v. GREGORY B. SHANKMAN, M.D., P.C., et al., Defendants, and YALE MATERIALS HANDLING CORPORATION, Respondent.

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

Decided November 13, 2009.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this action seeking damages for injuries she sustained when she fell from the operator's platform of a forklift truck in the course of her employment as an inventory control clerk. The accident occurred when plaintiff elevated the operator's platform approximately 12 feet above the floor and took a step back, unaware that a supplemental platform...

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