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TOMPKINS v. TRAILER STAKE CO.

2014-06894, Index No. 27490/07.

131 A.D.3d 1163 (2015)

16 N.Y.S.3d 761

2015 NY Slip Op 06913

KEVIN TOMPKINS et al., Respondents, v. TRAILER STAKE CO. et al., Defendants, and ALLEN CABINETS, INC. Appellant. (And a Third-Party Action.).

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

Decided September 23, 2015.

Ordered that the order is affirmed, with costs.

The plaintiff Kevin Tompkins allegedly sustained injuries while working on a truck when one of the upright wooden stakes surrounding the bed of the truck broke, causing him to fall to the ground and hit his head. The plaintiffs commenced this action against, among others, the defendant Allen Cabinets, Inc. (hereinafter Allen Cabinets), alleging that it manufactured the stake. Allen Cabinets moved for summary judgment...

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