DOWNEY v. R. W. GARRAGHAN, INC.


198 A.D.2d 570 (1993)

603 N.Y.S.2d 222

Patrick Downey et al., Respondents, v. R. W. Garraghan, Inc., Appellant. (And a Third-Party Action.)

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

November 4, 1993


Yesawich Jr., J.

In this negligence action, plaintiff Patrick Downey (hereinafter plaintiff) and his wife, derivatively, seek to recover for injuries suffered when plaintiff fell from shelving during the course of his employment with third-party defendant Heritage Oil Delivery Service, Inc. (hereinafter Heritage). The shelving, which consisted of pallets placed on three levels of a steel bracket structure, was...

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