Pesantes v. Komatsu Forklift USA, Inc.

In an action to recover damages for personal injuries, the defendant Komatsu Forklift USA, Inc., appeals from so much of an order of the Supreme Court, Nassau County (Phelan, J.), dated November 28, 2007, as denied that branch of its motion which was for summary judgment dismissing so much of the complaint as alleged design defect and failure to warn insofar as asserted against it.

Ordered that the order is reversed insofar as appealed from, *824on the law, with costs, and that branch of the appellant’s motion which was for summary judgment dismissing so much of the complaint as alleged design…