ROSSI v. C.C.O. EQUIP., INC.


200 A.D.2d 933 (1994)

607 N.Y.S.2d 432

Egidio T. Rossi, Appellant, v. C.C.O. Equipment, Inc., Respondent

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

January 27, 1994


Casey, J.

Plaintiff commenced this action against defendant, the owner of the vehicle that he was operating in the course of his employment for Coyne Textile Services, Inc. (hereinafter Coyne). The action seeks damages for injuries sustained in an accident which occurred when a wheel fell off of the truck. Defendant interposed an affirmative defense of workers' compensation as plaintiff's exclusive remedy and moved for summary judgment dismissing plaintiff...

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