JUSTUS v. TOYO KENSETSU KOHKI CO., LTD.

No. 199-CV-1277FJSDRH. No. 198-CV-1778FJSDRH.

228 F.Supp.2d 215 (2002)

Roger JUSTUS, Plaintiff, v. TOYO KENSETSU KOHKI CO., LTD. and Bansho Co., Ltd., Defendants.

United States District Court, N.D. New York.

October 24, 2002.


Attorney(s) appearing for the Case

Larkin, Axelrod, Trachte & Tetenbaum, LLP (James A. Burke, Esq., of counsel), Newburgh, NY, for Plaintiff.

McNamee, Lochner, Titus & Williams, P.C. (Scott A. Barbour, Esq., of Counsel), Albany, NY, Lawyers for Defendant Toyo Kensetsu Kohki Co., Ltd.


MEMORANDUM-DECISION AND ORDER

SCULLIN, Chief Judge.

I. INTRODUCTION

By complaint dated August 13, 1999, Plaintiff commenced this diversity action against Defendant Toyo Kensetsu Kohki Co., Ltd. ("Defendant Toyo") and Defendant Bansho Co., Ltd. ("Bansho")1 alleging strict products liability, negligent design, and breach of warranty for injuries sustained while operating a "rebar" cutting machine.2<...

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