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  5. 53 N.Y.2d 619 (1981)
 

FARRELL v. ROYAL CROWN BOTTLING CO., INC.

53 N.Y.2d 619 (1981)

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

Court of Appeals of the State of New York.

Decided March 24, 1981.

Attorney(s) appearing for the Case

Martin S. Rothman and Joseph Irom for appellant.

William F. McNulty, Joseph W. Conklin and Anthony J. McNulty for defendants and third-party plaintiffs-respondents.

Steven B. Prystowsky and Patrick A. Lyons for third-party defendant-respondent.

Chief Judge COOKE and Judges GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur; Judge JASEN dissents and votes to affirm for reasons stated in the memorandum at the Appellate Division ().

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the case remitted to that court for determination of questions of fact.

It cannot be said as a matter of law that no jury could find that in clearing the flatbed from which the unloading was being conducted by so narrow a margin as one foot the driver of the soda truck failed to exercise reasonable care in the circumstances. Similarly...

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