Legal Opinion

D'Allaird v. Markline Sales, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided March 28, 2013Published

1Opinion of the Court

Rose, J.E

Appeal from an order of the Supreme Court (Devine, J.), entered March 13, 2012 in Albany County, which, among other things, partially denied defendants’ motions for summary judgment dismissing the complaint.

Plaintiff Kevin D’Allaird (hereinafter plaintiff) worked at a paper mill and operated a rewinder, a machine equipped with large metal rollers. The mill’s engineer noted issues with the machine’s brake control and requested that a representative of the control’s manufacturer, defendant Montalvo Corporation, “come in and look at the operation.” Gunnar Stalemark, the principal of…

2Cases cited18 opinions

  1. Heard v. City of New YorkNew York Court of Appeals · 1993
  2. Brothers v. New York State Electric & Gas Corp.New York Court of Appeals · 2008
  3. Murphy v. ERA United RealtyAppellate Division of the Supreme Court of the State of New York · 1998
  4. Berger v. DykstraAppellate Division of the Supreme Court of the State of New York · 1994
  5. Victor Carrion v. Orbit Messenger, Inc.New York Court of Appeals · 1993

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