MASI v. ZAVITZ BROS. LTD.


173 A.D.2d 526 (1991)

Luigi Masi, Plaintiff, v. Zavitz Brothers Limited, Defendant and Third-Party Plaintiff-Respondent. Northeast Marine Terminal Co., Inc., Third-Party Defendant-Appellant

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

May 13, 1991


Ordered that the order is reversed, on the law, with costs, the motion for summary judgment is granted, and the third-party complaint against the appellant and all other claims asserted against it are dismissed.

The appellant Northeast Marine Terminal Co., Inc., is the lessee of premises known as the Pier on 39th Street in Brooklyn. In the early morning hours of March 31, 1982, a truck and trailer belonging to Zavitz Brothers Limited (hereinafter Zavitz) arrived at...

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