GALLO v. HIGGINS ERECTIONS & HAULERS, INC.


45 A.D.2d 790 (1974)

Joseph G. Gallo, Appellant, v. Higgins Erections & Haulers, Inc., Respondent

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

June 25, 1974


It is not disputed that plaintiff was in the general employ of Blaw Knox Chemical Plants, Inc., when he was injured in the course of moving a 26-ton industrial dryer to a new site. He seeks to hold defendant liable for his injuries on the theory of negligence in failing to provide an adequate degree of supervision and proper equipment so that the task could be safely accomplished. By way of affirmative defense, defendant claims that plaintiff was in its special or ad hoc...

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