Legal Opinion
Smith v. Town of Colonie
Appellate Division of the Supreme Court of the State of New York
Decided November 8, 2012Published
1Opinion of the Court
Mercure, J.E
Appeal from an order of the Supreme Court (Platkin, J.), entered May 25, 2011 in Albany County, which partially granted a motion by defendant Caterpillar, Inc. for summary judgment dismissing the complaint.
Plaintiff, a laborer working on the installation of a sewer line, was severely injured when an excavator manufactured by defendant Caterpillar, Inc. struck him. Although the excavator was equipped with a travel alarm that sounded a warning when the machine was in motion, plaintiff alleged that the alarm had been disabled at the time of the accident. Plaintiff thereafter…
2Cases cited5 opinions
- In re AhoNew York Court of Appeals · 1976
- Siegmund Strauss, Inc. v. East 149th Realty Corp.New York Court of Appeals · 2012
- Moore v. Federated Department Stores, Inc.Appellate Division of the Supreme Court of the State of New York · 2012
- Lomonaco v. United Health Services Hospitals, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
- Wasson v. BondAppellate Division of the Supreme Court of the State of New York · 2011