BARKER v. MOBILE PALLET TRUCK, INC.

CA 09-01115.

71 A.D.3d 1542 (2010)

897 N.Y.S.2d 562

RUSSELL BARKER, Appellant, v. MOBILE PALLET TRUCK, INC., Respondent.

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

Decided March 19, 2010.


It is hereby ordered that the order and judgment so appealed from is modified on the law by denying the motion in part and reinstating the first cause of action and as modified the order and judgment is affirmed without costs.

Memorandum: Plaintiff commenced this action seeking damages for injuries he sustained when an approximately six-foot-high air compressor tipped off a pallet jack manufactured by defendant. At the time of the accident, plaintiff was helping his...

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