Borowicz v. International Paper Co

In Borowicz v. International Paper Co. (245 AD2d 682 [3d Dept 1997]), the Court interpreted the Industrial Code in a manner consistent with the function of the machinery rather than on how the equipment was defined or named. The Court held in Borowicz that the plaintiff had made out a prima facie case of a violation of Industrial Code 23-9.7(c), entitled "Motor Trucks" and relating to the safe loading of motor trucks, as a result of being injured by the sudden shifting of a load being transported by a gas-powered scissor lift, a device not usually considered a truck.