Retz v. Alco Equipment, Inc.

Cross appeals from an amended order of the Supreme Court (Malone, Jr., J.), entered October 14, 1998 in Albany County, which partially denied defendant’s motion for summary judgment dismissing the complaint and denied third-party defendant’s cross motion for summary judgment dismissing the third-party complaint.

In late April 1994 or early May 1994, third-party defendant, Surpass Chemical Company, Inc., experienced problems with the hydraulic lift on one of its trucks. As a consequence, the truck was sent to defendant for repairs. Thereafter, on May 31, 1994, plaintiff John Retz (hereinafter…