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SIMON v. NORTRAX N.E., LLC

2010-11857.

94 A.D.3d 861 (2012)

941 N.Y.S.2d 706

2012 NY Slip Op 2671

JOSEPH SIMON, Appellant, v. NORTRAX N.E., LLC, et al., Respondents, et al., Defendants.

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

Decided April 10, 2012.

Ordered that the judgment is affirmed insofar as appealed from, with one bill of costs payable to the respondents.

On the morning of April 25, 2005, the plaintiff was injured when the dump truck he was operating rolled down an embankment and overturned. The truck had been examined and tested for brake problems three days before the accident. The plaintiff alleges that the accident was caused by brake failure. The truck was...

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