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MESSINA v. NEW YORK CITY TRANSIT AUTHORITY

4941, 102507/04.

84 A.D.3d 439 (2011)

922 N.Y.S.2d 70

ALEXANDER MESSINA et al., Respondents, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent, and E.A. TECHNOLOGIES/PETROCELLI, J.V., LLC, et al., Appellants, et al., Defendant.

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

Decided May 3, 2011.

Plaintiff was injured when the 1,000-pound load he was moving with a hand truck fell onto him. The court properly found that triable issues remain as to plaintiff's products liability claims with respect to defendant Stevens Appliance Truck, Co., the manufacturer of the hand truck, and New Haven Moving Equipment Corporation, the distributor of the hand truck. The conflicting affidavits of the parties' engineering experts raised triable issues as to whether defendants may...

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