CONTE v. AEOLIAN CORP.


80 A.D.2d 990 (1981)

Richard E. Conte et al., Respondents, v. Aeolian Corporation, Appellant, and Third-Party Plaintiff. Taylor Music Centers, Inc., Third-Party Defendant-Respondent

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

March 27, 1981


Order unanimously reversed, without costs, motion granted and complaint dismissed.

Memorandum:

Plaintiff and a coemployee arrived at defendant's loading dock, at about noon, to pick up a piano for their employer. They were told everyone was out to lunch and that, if they wanted help, they would have to wait until after the lunch hour. Instead of waiting, they decided to load the piano themselves. While loading the piano onto their truck, it fell, injuring...

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