Sergeeff v. Raymond Corp.

In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Dutchess County (Brands, J.), dated February 10, 2009, which denied their motion for summary judgment dismissing the complaint.

*758Ordered that the order is affirmed, with costs.

The plaintiff, an employee of Home Depot who worked the night shift in the receiving department unloading merchandise from trucks, was informed by a coworker during his shift on March 25, 2005 that a forklift used in the unloading operation was leaking hydraulic fluid and that absorbent drying agent had been…