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SPRAGUE v. PICCIANO, INC.

100 A.D.2d 247 (1984)

Howard D. Sprague, Appellant, v. Louis Picciano, Inc., et al., Respondents. (And Third-Party and Fourth-Party Actions.)

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

March 29, 1984

Attorney(s) appearing for the Case

John S. Hall, P. C. (John S. Hall, Jr., of counsel), for appellant.

McPhillips, Fitzgerald, Meyer & McLenithan (Martin A. Meyer of counsel), for Louis Picciano, Inc., respondent.

Holcombe & Dame (Norman J. Dame of counsel), for L. J. Kennedy, respondent.

MAHONEY, P. J., and KANE, J., concur with WEISS, J.; CASEY and LEVINE, JJ., concur in part and dissent in part in an opinion by CASEY, J.

WEISS, J.

On September 26, 1977, while employed by the State of New York working on a ski chairlift at Whiteface Mountain, plaintiff was ordered to help unload a flatbed truckload of steel pipe sold by defendant Louis Picciano, Inc., and delivered to the purchaser, the State, by defendant L. J. Kennedy. During unloading, the pipes slid off the truck causing plaintiff to sustain serious injuries. In his pleadings...

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