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FRANCESCHI v. CONSOL. RAIL CORP.

142 A.D.2d 915 (1988)

Richard Franceschi, Sr., et al., Respondents, v. Consolidated Rail Corporation, Respondent, and Don Millious, Inc., Appellant

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

July 28, 1988

Mahoney, P. J.

On January 5, 1984 at about 7:30 A.M., plaintiff Richard Franceschi, Sr. (hereinafter plaintiff), an employee for Anchor Motor Freight, Inc., was at the Selkirk truck terminal in the Town of Bethlehem, Albany County, when he twisted his right ankle while descending from the cab of his truck. Allegedly, he stepped on an object which he described as a rock or large boulder. An affidavit of a police officer employed by defendant Consolidated...

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