Joseph A. Wojcik v Empire Forklift, Inc.

State: New York

Court: Second Circuit Court of Appeals Clerk

Docket No: 94260

Case Date: 11/04/2004

Plaintiff: Joseph A. Wojcik

Defendant: Empire Forklift, Inc.

Preview:Third Department, November 4, 2004
APPEARANCES OF COUNSEL
Maynard, O'Connor, Smith & Catalinotto L.L.P., Albany (Michael T. Snyder of counsel), for Empire Forklift, Inc., appellant.
Carter, Conboy, Case, Blackmore, Maloney & Laird P.C., Albany (Nancy E. May-Skinner of counsel), for Sinco Group, Inc., appellant.
James C. Hayes III, Amsterdam, for respondents.
OPINION OF THE COURT
Mercure, J.
In March 1999, while plaintiff Joseph A. Wojcik III (hereinafter plaintiff) was stocking shelves at his employer's warehouse in the City of Amsterdam, Montgomery County, he fell from the platform of the forklift on which he was standing and sustained serious personal injuries. Thereafter, plaintiff and his wife, derivatively, commenced this action, alleging that the safety device

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