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FARRELL v. ROYAL CROWN BOTTLING CO., INC.

72 A.D.2d 531 (1979)

James T. Farrell, Respondent, et al., Plaintiff, v. Royal Crown Bottling Co., Inc., et al., Defendants-Appellants and Third-Party Plaintiffs-Respondents. Thalle Construction Company, Third-Party Defendant-Appellant

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

October 30, 1979

There is no evidence to establish negligence on the part of Chemilecki, the operator of the Seven-Up Bottling Company truck as it proceeded in the westbound center lane of North Conduit Avenue parallel to a parked "lowboy" trailer on which plaintiff and his fellow employees were lifting a boom by means of a payloader that was on the grass to the left of the "lowboy". The boom slipped in its harness and in its sway struck the center section of Chemilecki's truck. In rebounding...

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