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SERGIO v. V.

168 A.D.2d 235 (1990)

Phillip R. Sergio et al., Respondents, v. Benjolo N. V., Appellant and Second Third-Party Plaintiff-Appellant, and Pushcart, Inc., et al., Defendants and Third-Party Plaintiffs-Respondents, et al., Third-Party Defendant and Second Third-Party Defendant

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

December 6, 1990

Plaintiff, an employee of a contractor constructing a new elevator in 412 Fifth Avenue, was allegedly injured in the basement of the building when stacked cartons fell beneath the wheels of his tool box, causing it to come to a sudden stop and throw plaintiff to the ground. The building is owned by defendant Benjolo, and was leased at the time of the accident to defendant Job Lot Trading Co., Inc. under an instrument which obligated...

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