GLOMBOSKI v. BALTIMORE & OHIO R.R.


35 A.D.2d 772 (1970)

John Glomboski, Plaintiff, v. Baltimore & Ohio Railroad, Defendant, and Third-Party Plaintiff-Respondent. Barber-Greene Company, Third-Party Defendant-Appellant

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

October 29, 1970


Order unanimously reversed, with costs, motion granted and third-party complaint dismissed.

Memorandum:

Plaintiff, an employee of the third-party defendant, was injured while he was repairing a coal loader which had been installed by third-party defendant on defendant's premises pursuant to a written contract between them. Plaintiff's complaint alleges that defendant's employees without notice or warning to him caused the machinery to start in motion by releasing...

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