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DOWLING v. CONSOL. CARRIERS CORP.

103 A.D.2d 675 (1984)

Harold S. Dowling, Appellant-Respondent, v. Consolidated Carriers Corp. et al., Respondents-Appellants, and Queens Transit Corp. et al., Respondents Queens Transit Corp. et al., Third-Party Plaintiffs, v. Top Job Personnel, Inc., Third-Party Defendant

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

July 3, 1984

¶ On July 14, 1980, the driver of a truck owned by J.H.T. Leasing Corp. and leased to Consolidated Carriers Corp. experienced recurrence of a mechanical problem with the truck in which the accelerator pedal occasionally sticks, does not elevate automatically when the driver's foot is off it, and which the driver is able to correct only by tapping the pedal with his foot. The driver called the mechanics responsible for the maintenance of the truck who instructed him to...

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