Torrogrossa v. Towmotor Co.

Judgment, Supreme Court, Bronx County, entered July 8, 1976, in favor of the plaintiff against the defendants-appellants Pennco Industrial, Inc., and H. O. Penn Machinery (hereinafter both Pennco), unanimously modified, on the law, to dismiss the complaint, and otherwise affirmed, without costs and without disbursements. Appellant Pennco is a truck leasing company and leased a forklift to Tower Insulation Corp., employer of the plaintiff. It obtained the forklift from codefendant Towmotor Corporation, the manufacturer. Plaintiff was driving the forklift at top speed (eight miles an hour) and…