GUERRA v. SIMPSON IRON WORKS, INC.


35 A.D.2d 566 (1970)

Frank Guerra, Respondent, v. Simpson Iron Works, Inc., Appellant; Samuel D. Perrotta, Inc., Defendant and Third-Party Plaintiff-Appellant, et al., Defendant, et al., Third-Party Defendants

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

July 20, 1970


Judgment reversed insofar as appealed from, on the law and the facts, and, as between plaintiff and said defendants, action severed and new trial granted, with costs to abide the event.

Plaintiff was injured while in the process of cleaning up after a day's work in connection with the installation of a median rail on the Henry Hudson Parkway when a truck operated by a coemployee backed into a Dynahoe operated by defendant Weitzer, an employee of appellant Simpson...

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