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BROWNE v. INT'L BHD. OF TEAMSTERS UNION 851

187 A.D.2d 296 (1992)

Thomas Browne et al., Respondents, v. International Brotherhood of Teamsters Union 851 et al., Defendants, and Hertz Corporation et al., Appellants. Wells Fargo, Inc., Third-Party Plaintiff-Appellant, et al., Third-Party Defendant

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

November 10, 1992

We find that the IAS Court properly denied summary judgment on the ground that triable issues of fact exist as to alleged negligence of defendants in the control and/or operation of the truck in which plaintiff was a passenger, and the reasonableness of precautionary steps undertaken by defendants in the face of picketing by striking workers (see, Andre v Pomeroy, 35 N.Y.2d 361, 364-365). Triable issues of fact also exist...

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