Legal Opinion

Theoharis v. Pengate Handling Systems of New York, Inc.

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

Decided December 19, 2002PublishedCited by 11 opinions

1Opinion of the Court

—Crew III, J.P.

Appeal from that part of an order of the Supreme Court (Cannizzaro, J.), entered August 6, 2001 in Albany County, which granted a motion by defendant Pengate Handling Systems of New York, Inc. for summary judgment dismissing the first cause of action of the complaint.

The instant action arose out of an incident that occurred while plaintiff Michail Theoharis was working in a warehouse and fell approximately 15 feet from the elevated forklift that he was operating. Theoharis’s employer leased the forklift from defendant Pengate Handling Systems of New York, Inc. (hereinafter…

2Cases cited4 opinions

  1. Palka v. Servicemaster Management Services Corp.New York Court of Appeals · 1994
  2. Liriano v. Hobart Corp.New York Court of Appeals · 1998
  3. Schiller v. National Presto Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 1996
  4. Pollock v. Toyota Motor Sales U.S.A., Inc.Appellate Division of the Supreme Court of the State of New York · 1995

3Cited by11 opinions

  1. Fisher v. Multiquip, Inc.Appellate Division of the Supreme Court of the State of New York · 2012
  2. Warlikowski v. Burger King Corp.Appellate Division of the Supreme Court of the State of New York · 2004
  3. Lichtenstein v. Fantastic Merchandise Corp.Appellate Division of the Supreme Court of the State of New York · 2007
  4. Kiersznowski v. ShankmanAppellate Division of the Supreme Court of the State of New York · 2009
  5. Reese v. Raymond Corp.Appellate Division of the Supreme Court of the State of New York · 2022

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