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RICCUITI v. CONSUMER PRODUCT SERVICES, LLC

2008-09109

71 A.D.3d 754 (2010)

895 N.Y.S.2d 746

FRANK RICCUITI, Respondent, v. CONSUMER PRODUCT SERVICES, LLC, et al., Appellants.

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

Decided March 9, 2010.

Ordered that the order is affirmed, with costs.

On the morning of December 30, 2005 the plaintiff, a tractor-trailer operator, was delivering merchandise to a warehouse owned by the defendant Consumer Product Services, LLC (hereinafter CPS), when he allegedly was struck by a forklift operated by the defendant Yacek Kowalski, a CPS employee. The plaintiff commenced this action to recover damages against both CPS and Kowalski. Thereafter, the plaintiff moved, inter...

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