1. Home
  2. Browse Decisions
  3. N.Y.3d
  4. 12 N.Y.3d
  5. 12 N.Y.3d 372 (2009)
 

PASSANTE v. AGWAY CONSUMER PRODUCTS, INC.

12 N.Y.3d 372 (2009)

SAMUEL PASSANTE et al., Appellants, v. AGWAY CONSUMER PRODUCTS, INC., Doing Business as G & P FRESH PAC, Defendant, and MULLEN INDUSTRIAL HANDLING CORP. et al., Respondents.

Court of Appeals of New York.

Decided May 5, 2009.

Attorney(s) appearing for the Case

Mackenzie Hughes LLP, Syracuse (W. Bradley Hunt and Arthur W. Wentlandt of counsel), for appellants.

Rupp, Baase, Pfalzgraf, Cunningham & Coppola LLC, Buffalo (Jeffrey F. Baase of counsel), for Mullen Industrial Handling Corp., respondent.

Hancock & Estabrook, LLP, Syracuse (Janet D. Callahan and Mark J. Schulte of counsel), for Rite-Hite Corporation, respondent.

Chief Judge LIPPMAN and Judges CIPARICK and JONES concur with Judge PIGOTT; Judge SMITH dissents in a separate opinion in which Judges GRAFFEO and READ concur.

OPINION OF THE COURT

PIGOTT, J.

Samuel Passante, an employee of Agway Consumer Products, Inc., doing business as G & P Fresh Pac, was injured while using a mechanical dock leveler at the company's warehouse in DeWitt. The dock leveler was manufactured by Rite-Hite Corporation and sold to G & P by Mullen Industrial Handling Corp. The dock leveler at issue here is a mechanical platform designed to provide a ramp between a loading dock and the bed of...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases