Legal Opinion
Montalbano v. Kurt Weiss Florist, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided November 10, 2003PublishedCited by 3 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Eerier, J.), entered September 25, 2002, which granted the defendant’s motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
The plaintiff, an employee of K-Mart Stores, Inc. (hereinafter K-Mart), was injured when a coworker drove a forklift over his right foot. At the time, the plaintiff and his coworker were trying to hoist a pallet jack onto a forklift owned by K-Mart and operated by the coworker, and then onto a…
2Cases cited12 opinions
- Espinal v. Melville Snow Contractors, Inc.New York Court of Appeals · 2002
- Thompson v. Grumman Aerospace Corp.New York Court of Appeals · 1991
- Martin v. Baldwin Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 2000
- Richiusa v. Kahn Lumber & Millwork Co.Appellate Division of the Supreme Court of the State of New York · 1989
- Levine v. PontiacAppellate Division of the Supreme Court of the State of New York · 1994
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3Cited by3 opinions
- Claim of Thomas S. v. Steel Style, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
- Lotz v. Aramark Services, Inc.Appellate Division of the Supreme Court of the State of New York · 2012
- Lotz v. Aramark Services, Inc.Appellate Division of the Supreme Court of the State of New York · 2012