O'Brien v. Clark Equipment Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtRose, J.
Appeal from an order of the Supreme Court (Cannizzaro, J.), entered February 15, 2005 in Albany County, which partially granted plaintiffs motion to strike certain defendants’ pleadings.
When plaintiffs decedent dismounted and stood behind the forklift that he had been operating, it allegedly shifted itself into reverse and killed him by pinning him against a truck. In July 1996, plaintiff commenced this action against, among others, defendant Clark Equipment Company, which had manufactured the forklift, and its successor, defendant Clark Material Handling Company (hereinafter collectively…
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