MEMORANDUM AND ORDER DENYING DEFENDANT STARLIFT EQUIPMENT COMPANY, INC.'S MOTION FOR SUMMARY JUDGMENT
McMAHON, District Judge:
On June 7, 2005, plaintiff Newton Rodriguez ("Rodriguez") was injured while operating a forklift. (Compl. ¶ 79.) At the time of the accident, Rodriguez was employed by American Specialties, Inc. ("American Specialties") and was performing work at its place of business in Yonkers, New York. (Id. ¶ 72; Def. Rule 56...
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