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PESANTES v. KOMATSU FORKLIFT USA, INC.

58 A.D.3d 823 (2009)

872 N.Y.S.2d 504

JOFFRE PESANTES, Respondent, v. KOMATSU FORKLIFT USA, INC., Appellant, et al., Defendant. (And Third-Party Actions.)

Appellate Division of the Supreme Court of New York, Second Department.

January 27, 2009.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the appellant's motion which was for summary judgment dismissing so much of the complaint as alleged design defect and failure to warn insofar as asserted against it is granted.

In opposition to the prima facie showing of entitlement to judgment as a matter of law by the defendant Komatsu Forklift USA, Inc. (hereinafter...

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