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FORTUNATO v. AURORA DIESEL TRUCKS, LTD.

71 A.D.2d 576 (1979)

John S. Fortunato, et al., Respondents, v. Aurora Diesel Trucks, Ltd., Defendant-Appellant and Third-Party Plaintiff-Appellant-Respondent. Prospect Carting Co., Third-Party Defendant-Respondent-Appellant

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

July 10, 1979

For several years prior to the day of the accident, plaintiff was employed by Prospect Carting Co., the third-party defendant, as a driver-laborer on a private sanitation truck owned by Prospect. Prior to such employment, he was similarly employed elsewhere for many years in the operation of the same type of sanitation truck and was familiar with the operation of its dumping machinery. Prospect's customers placed their garbage in...

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