DeGroat v. Consolidated Rail Corp.

Order, Supreme Court, New York County (Alice Schlesinger, J.), entered April 29, 2002, which, insofar as appealed from as limited by the briefs, denied third-party defendant-appellant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

It appears that appellant manufactured a hydraulic car mover, known as a “tugger,” that plaintiff, a fuel handler employed at a coal yard, operated in the course of emptying coal from rail cars onto conveyer belts. A part of the tugger known as the “dog” is a tuning fork-shaped object that rises to engage a rail car and…