M & G CONVOY, INC. v. CLARK DISPOSAL SERV., INC.


195 A.D.2d 871 (1993)

600 N.Y.S.2d 787

M & G Convoy, Inc., Respondent, v. Clark Disposal Service, Inc., et al., Appellants

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

July 22, 1993


Yesawich Jr., J.

At a busy truck terminal, defendant Gary Nebauer, an employee of defendant Clark Disposal Service, Inc., a refuse disposal concern, was unable to gain access to dumpsters which he was planning to empty into his refuse truck because of the location of one of plaintiff's automobile transport tractor trailers. After waiting a minute or so Nebauer, whose truck was 40 to 50 feet from the tractor trailer, hand-signaled a nearby employee of...

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