Stokes v. Komatsu America Corp.

Appeal from an order of the Supreme Court (Zwack, J.), entered December 4, 2012 in Ulster County, which granted defendants’ motions for summary judgment dismissing the complaint and denied plaintiffs’ cross motions to, among other things, amend the complaint.

Plaintiffs commenced this action seeking to recover damages for injuries sustained by plaintiff Timothy Stokes (hereinafter plaintiff) when, while wearing work boots with wet soles, he slipped and fell from the top of an excavator as he was accessing the engine compartment to check the oil. Plaintiffs asserted negligence causes of action…