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Wisloh v. Air-A-Plane Corporation

Appellate Division of the Supreme Court of New York, Second Department
Jun 29, 1998
251 A.D.2d 657 (N.Y. App. Div. 1998)

Opinion

June 29, 1998

Appeal from the Supreme Court, Suffolk County (Doyle, J.),


Ordered that the order is affirmed, with costs.

The plaintiff John Wisloh was injured when he was struck on the head by a door, which he had opened, to the panel of an aircraft heating unit that he was in the process of operating. The aircraft heating unit was designed, manufactured, and distributed by the appellant. At the time of the injury, the plaintiff was employed by the third-party defendant, Ogden Services Corporation (hereinafter Ogden).

While the appellant argues that there are questions of fact as to whether Ogden provided training and instruction to Wisloh, his injuries resulted from his opening a door — a common activity for which an employer has no duty to train an employee ( see, Dupper v. Conrail, 120 A.D.2d 638, 640-641; see also, Tjepkema v. Rochdale Meat Mkt., 238 A.D.2d 333). Moreover, in a companion appeal, we have dismissed the plaintiffs' claim against the appellant ( see, Wisloh v. Air-A-Plane Corp., 251 A.D.2d 658 [decided herewith]). The appellant's remaining contention is without merit. Accordingly, Ogden is entitled to summary judgment.

Rosenblatt, J. P., Miller, Ritter and Sullivan, JJ., concur.


Summaries of

Wisloh v. Air-A-Plane Corporation

Appellate Division of the Supreme Court of New York, Second Department
Jun 29, 1998
251 A.D.2d 657 (N.Y. App. Div. 1998)
Case details for

Wisloh v. Air-A-Plane Corporation

Case Details

Full title:JOHN WISLOH et al., Plaintiffs, v. AIR-A-PLANE CORPORATION, Defendant and…

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

Date published: Jun 29, 1998

Citations

251 A.D.2d 657 (N.Y. App. Div. 1998)
676 N.Y.S.2d 184

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