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KONDAS v. GALLO ORIGINAL IRON WORKS, INC.

8 A.D.2d 955 (1959)

John Kondas, Respondent, v. Gallo Original Iron Works, Inc., Appellant Gallo Original Iron Works, Inc., Third-Party Plaintiff-Appellant, v. Edelio Parcial, Third-Party Defendant-Respondent Edelio Parcial, Fourth-Party Plaintiff-Appellant, v. Cosmopolitan Mutual Casualty Company of New York, Fourth-Party Defendant-Respondent Cosmopolitan Mutual Casualty Company of New York, Fifth-Party Plaintiff, v. Gallo Original Iron Works, Inc., Fifth-Party Defendant

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

July 14, 1959

Action by John Kondas, the driver of a truck employed by a manufacturer of steel rods, to recover damages for personal injuries sustained while unloading a shipment of steel rods from the truck against Gallo Original Iron Works, Inc., the consignee of the steel rods. Gallo brought a third-party action for judgment over against Edelio Parcial, one of its employees who assisted in the unloading of the truck at the premises of Gallo, alleging that Parcial was actively negligent...

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