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CARD v. POLITO

55 A.D.2d 123 (1976)

Charles E. Card et al., Respondents, v. Carl Polito et al., Respondents, and Showco, Inc., Appellant

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

December 17, 1976

Attorney(s) appearing for the Case

Cox, Barrell & Walsh (John P. Cox of counsel), for appellant.

Paul William Beltz, P. C. (Russell T. Quinlan of counsel), for Charles E. Card and another, respondents.

Edgar C. NeMoyer for Carl Polito, respondent.

O'Shea, Adamson, Reynolds & Napier for Festival East Concerts, Inc., respondent.

MOULE, J. P., CARDAMONE and WITMER, JJ., concur, SIMONS, J., not participating.

DILLON, J.

While loading a truck on July 6, 1974, Charles E. Card (plaintiff), an employee of KRC Associates, fell from the bed of the truck onto its tailgate and sustained injuries for which he brought suit against Carl Polito, who was operating the tailgate at the time of the occurrence; Festival East Concerts, Inc. (Festival), which may at the time have been Polito's employer; and Showco, Inc. (Showco), another...

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