MODELL v. HYSTER CO.


96 A.D.2d 935 (1983)

Albert Modell, Respondent, v. Hyster Company, Respondent, et al., Defendant, and Northeast Stevedoring Co., Inc., Appellant. (And a Third-Party Action.)

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

August 29, 1983


Interlocutory judgment reversed insofar as appealed from, on the facts, without costs or disbursements, and as between plaintiff and defendant Northeast Stevedoring Co., Inc., action severed and new trial granted.

Plaintiff seeks damages for injuries he incurred on June 18, 1975 when a crane being maneuvered by a fellow employee toppled over onto plaintiff. As a result of the accident plaintiff sued, inter alia, Northeast Stevedoring Co., Inc. (hereafter defendant...

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