PEZZO v. PATERNO


277 A.D. 496 (1950)

Joseph Pezzo, Respondent, v. Frank Paterno et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 15, 1950.


Attorney(s) appearing for the Case

Michael Nardone for Frank Paterno, appellant.

Andrew Wright Lent for Nathan D. Williams, appellant.

Arthur A. Beaudry for respondent.

BREWSTER and COON, JJ., concur with DEYO, J.; HEFFERNAN, J. P., dissents, in an opinion, in which BERGAN, J., concurs.


DEYO, J.

The appellant Williams was the owner of a fruit farm which he leased to the appellant Paterno along with certain equipment, including a tractor drawn spray rig. The respondent Pezzo was an employee of Paterno and at the time of the accident was engaged in spraying fruit. While so engaged and at the direction of another employee, Pezzo attempted to pull a canvas over the seat of the tractor to protect...

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