AGNESE v. TAYLOR MACH. WORKS, INC.


171 A.D.2d 831 (1991)

Assunta Agnese, Individually and as Administratrix of The Estate of Edigio Agnese, Deceased, Plaintiff, v. Taylor Machine Works, Inc., Defendant and Third-Party Plaintiff-Respondent, et al., Defendants. International Terminal Operations, Inc., Third-Party Defendant-Appellant, et al., Third-Party Defendant

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

March 25, 1991


Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion for summary judgment is granted, and the third-party complaint is dismissed insofar as it is asserted against the third-party defendant International Terminal Operations, Inc.

On September 19, 1984, the plaintiff's decedent was killed when he was struck and crushed under a hi-lo toploader used to remove and replace shipping containers onto the chassis of trucks and transport...

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