PESCE v. CITY OF NEW YORK


147 A.D.2d 537 (1989)

Paolo Pesce et al., Respondents, v. City of New York, Defendant and Third-Party Plaintiff-Appellant. Arthur Tickle Engineer Works, Inc., Third-Party Defendant-Appellant

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

February 14, 1989


Ordered that the order is reversed, on the law, and a new trial is ordered on the issue of liability, with costs to abide the event.

The plaintiff Paolo Pesce was employed as a mechanic for the third-party defendant Arthur Tickle Engineer Works, Inc. (hereinafter Arthur Tickle), a company engaged in the business of repairing steel containers used to ship goods overseas. At approximately 4:00 P.M., on January 3, 1980, the...

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