MEYER v. ALEX LYON & SON SALES MANAGERS & AUCTIONEERS, INC.

1499.

67 A.D.3d 547 (2009)

889 N.Y.S.2d 166

2009 NY Slip Op 08484

MICHAEL MEYER et al., Appellants, v. ALEX LYON & SON SALES MANAGERS & AUCTIONEERS, INC., et al., Respondents, et al., Defendants. (And a Third-Party Action.)

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

Decided November 19, 2009.


Plaintiff Michael Meyer was injured when a telescopic boom on a man lift manufactured by JLG Industries collapsed while he was operating it and he fell 25 feet. Plaintiff purchased the man lift on behalf of his company, CR Systems, Inc., at an auction held by Alex Lyon & Son. He had attended auctions held by Alex Lyon & Son before and knew that auctioned items were purchased on an "as is" and "where is" basis. Plaintiff had the man lift transported to NES Equipment...

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