Hopps v. Pengate Handling System
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtCardona, P.J.
Appeal from an order of the Supreme Court (Hester, Jr., J.), entered July 5, 2002 in Delaware County, which denied defendant’s motion for summary judgment dismissing the complaint.
On May 27, 1996, plaintiff Frank M. Hopps, an employee of third-party defendant, Kraft Foods, Inc., was operating a forklift owned by defendant and leased to Kraft for use at Kraft’s warehouse when, according to Hopps, it suddenly shifted into high gear and jerked sideways into a storage rack. The collision dislodged materials which toppled onto the overhead guard of the forklift above Hopps causing it to collapse,…
2Cases cited10 opinions
- Derdiarian v. Felix Contracting Corp.New York Court of Appeals · 1980
- Espinal v. Melville Snow Contractors, Inc.New York Court of Appeals · 2002
- H. R. Moch Co. v. Rensselaer Water Co.New York Court of Appeals · 1928
- Palka v. Servicemaster Management Services Corp.New York Court of Appeals · 1994
- Kush v. City of BuffaloNew York Court of Appeals · 1983
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- Wyant v. Professional Furnishing & Equipment, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
- Edick v. Paul deLima Co.Appellate Division of the Supreme Court of the State of New York · 2004
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