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CARDELLA, JR. v. HENKE MACHINE, INC.

283 A.D.2d 894 (2001)

726 N.Y.S.2d 734

FRANCIS CARDELLA, JR., et al., Respondents, v. HENKE MACHINE, INC., Defendant and Third-Party Plaintiff. DEMCO CORPORATION et al., Third-Party Defendants; EBAC AGRICULTURAL EQUIPMENT CORPORATION, Doing Business as CAPITAL TRACTOR OF GREENWICH, Third-Party Defendant-Appellant.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided May 31, 2001.

Lahtinen, J.

On April 26, 1987, while in the course of his employment with third-party defendant EBAC Agricultural Equipment Corporation, doing business as Capital Tractor of Greenwich (hereinafter Capital Tractor), plaintiff Francis Cardella, Jr. (hereinafter plaintiff) was struck in the head by the discharge chute of a wood chipping machine, suffering a three-inch scalp laceration1 and contusions and abrasions to his shoulders. Plaintiff...

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