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SERRANO v. CORCORAN PLATE GLASS

40 A.D.2d 53 (1972)

James Serrano, Respondent, v. Corcoran Plate Glass Co., Inc., Defendant, and Thypin Steel Company, Inc., Appellant

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

November 14, 1972.

Attorney(s) appearing for the Case

William F. McNulty of counsel (Anthony J. McNulty with him on the brief; Bien, Campbell & Cunnion, attorneys), for appellant.

David Jaroslewicz of counsel (Helen B. Stoller with him on the brief; Charles C. Levine, attorney), for respondent.

MARKEWICH and NUNEZ, JJ., concur with McGIVERN, J. P.; McNALLY, J., dissents in an opinion in which MURPHY, J., concurs.

McGIVERN, J. P.

Plaintiff, foreman of L. E. C. Metal Products, was injured while helping to unload two heavy crates of metal tubing consigned to his employer by the defendant, Thypin Steel Company, Inc. The truck-trailer from which plaintiff fell was owned by the latter, and the claim, as developed at the trial, was that he tripped on loose and untied angle irons on the floor of defendant's truck, which the plaintiff...

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