McKEE v. ALBORO CRANE RENTAL CORP.


18 A.D.2d 679 (1962)

James McKee, Plaintiff, v. Alboro Crane Rental Corp., Defendant and Third-Party Plaintiff-Respondent. Harrod Steel Erection Co., Inc., Third-Party Defendant-Appellant

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

December 10, 1962


Order reversed on the law, with $10 costs and disbursements; motion granted, and the first cause of action pleaded in the third-party complaint dismissed.

The main complaint alleges: (a) that, while plaintiff was attending to his duties as an employee of the third-party defendant, he was struck by a boom which fell from a crane; (b) that said crane was the property of the third-party plaintiff; (c) that the boom fell because it was in a defective condition; and (d...

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