BACH v. EMERY AIR FREIGHT CORP.


128 A.D.2d 490 (1987)

Kevin Bach et al., Respondents, v. Emery Air Freight Corp., Defendant and Third-Party Plaintiff-Appellant, and M. Parisi & Sons Construction Co., Inc., Respondent, et al., Defendant. Caruso & Son Construction Co., Third-Party Defendant-Respondent. (And a Second Third-Party Title.)

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

March 2, 1987


Ordered that the order is reversed insofar as appealed from, on the law, with costs, Emery's cross motion for summary judgment is granted, and the complaint and cross claims, insofar as they are asserted against Emery, are dismissed.

The plaintiff Kevin Bach was allegedly injured when he fell from a ladder at a construction site. Uncontroverted documentary evidence indicates that the property on which the accident occurred was leased for a 60-year term first by the...

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