Legal Opinion

Rodriguez v. MODERN HANDLING EQUIPMENT OF NJ, INC.

District Court, S.D. New York

Decided March 20, 2009No. 07 cv 07349 (CM)PublishedCited by 13 opinions

1Opinion of the Court

MEMORANDUM AND ORDER DENYING DEFENDANT STARLIFT EQUIPMENT COMPANY, INC.’S MOTION FOR SUMMARY JUDGMENT

McMAHON, District Judge:

On June 7, 2005, plaintiff Newton Rodriguez (“Rodriguez”) was injured while operating a forklift. (Compl. ¶79.) At the time of the accident, Rodriguez was employed by American Specialties, Inc. (“American Specialties”) and was performing work at its place of business in Yonkers, New York. (Id. ¶ 72; Def. Rule 56.1 Stmt. ¶ 1.) Plaintiff contends that, although he engaged the forklift’s parking brake, when he got off the machine to fetch a tool, the forklift inexplicably…

2Cases cited17 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  4. Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
  5. Espinal v. Melville Snow Contractors, Inc.New York Court of Appeals · 2002

12 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Cooper v. City of New RochelleDistrict Court, S.D. New York · 2013
  2. U.S. Bank National Ass'n v. PHL Variable Life InsuranceDistrict Court, S.D. New York · 2015
  3. State v. TillmanMissouri Court of Appeals · 2009
  4. Innovative Biodefense, Inc. v. VSP Technologies, Inc.District Court, S.D. New York · 2016
  5. Barbier v. RaimondoDistrict Court, S.D. New York · 2024

8 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API