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ESPINOSA v. A & S WELDING & BOILER REPAIR, INC.

120 A.D.2d 435 (1986)

Raymond Espinosa, Respondent, v. A & S Welding & Boiler Repair, Inc., Appellant and Third-Party Plaintiff-Appellant-Respondent. Atlas Welding & Boiler Repair, Inc., Third-Party Defendant-Appellant

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

May 22, 1986

Plaintiff, an employee of third-party defendant Atlas, was injured while he and his coemployees, using a chain hoist at a garage jointly occupied by A & S and Atlas, were loading a section of a boiler onto a truck admittedly owned by A & S. The evidence was sufficient, in our view, to establish A & S's ownership of the hoist also. In any event, when the bottom of the boiler section was raised above the level of the truck...

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