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FASOLAS v. BOBCAT OF NY, INC.

2013-06118, 2013-06120, Index No. 4638/09.

150 A.D.3d 147 (2017)

2017 NY Slip Op 02777

53 N.Y.S.3d 61

SOFIA FASOLAS, Respondent-Appellant, v. BOBCAT OF NEW YORK, INC., et al., Defendants, BOBCAT OF LONG ISLAND, INC., et al., Appellants-Respondents, and PORT JEFFERSON RENTAL CENTER, INC., Doing Business as TAYLOR RENTAL CENTER, Respondent-Appellant.

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

Decided April 12, 2017.

Attorney(s) appearing for the Case

Haworth Coleman & Gerstman, LLC, New York City ( Nora Coleman of counsel), for appellants-respondents.

Gary B. Pillersdorf & Associates, P.C., New York City ( Andrew H. Pillersdorf of counsel), for plaintiff-respondent-appellant.

Keller, O'Reilly & Watson, P.C., Woodbury ( Scott Watson , Jean M. Post and Denine C. Pagano of counsel), for defendant-respondent-appellant.

ENG, P.J., RIVERA and BALKIN, JJ., concur.

OPINION OF THE COURT

Twenty-eight-year-old Elias Fasolas (hereinafter the decedent) was operating a Bobcat S175 skid-steer loader with a bucket attachment when a nine-foot-tall tree entered the open operator cab, crushing him against the rear and ceiling of the cab and killing...

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