Legal Opinion
Kubiszyn v. Terex Division of Terex Corp.
Appellate Division of the Supreme Court of the State of New York
Decided June 9, 1995PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Balio, J.
On July 13, 1988, plaintiff, a skilled trades mechanic employed at the Harrison Radiator Division of General Motors Corporation (GMC), fell while performing maintenance on a front-end loader. The front-end loader was manufactured in 1977 by the Terex Division of GMC. It was delivered from the Terex Division to the GMC Harrison plant without being sold through a dealer.
In 1980 GMC sold its Terex Division to I.B.H. Holding AG. (I.B.H. Holding), a German corporation. I.B.H. Holding operated Terex Corporation as a wholly owned subsidiary until 1983, when Terex…
2Cases cited9 opinions
- Billy v. Consolidated Machine Tool Corp.New York Court of Appeals · 1980
- Gurry v. Cumberland Farms, Inc.Massachusetts Supreme Judicial Court · 1990
- Kelley v. DeKalb Energy Co.Supreme Court of Missouri · 1993
- Belinson v. Sewer District No. 16 of Town of AmherstAppellate Division of the Supreme Court of the State of New York · 1978
- Levensen v. Berkey Professional Processing, Inc.Appellate Division of the Supreme Court of the State of New York · 1986
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3Cited by3 opinions
- PRESTON, TRACY v. APCH, INC.Appellate Division of the Supreme Court of the State of New York · 2011
- Bennett v. Allegheny Technologies, Inc.District Court, W.D. New York · 2020
- Ross v. Nestle Prepared Foods Co.Appellate Division of the Supreme Court of the State of New York · 2005