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BROWN v. MR. SECONDS BLDG. MATERIAL, DIV. OF GROSSMANS LUMBER

204 A.D.2d 1027 (1994)

612 N.Y.S.2d 531

David P. Brown, Respondent, v. Mr. Seconds Building Material, Division of Grossmans Lumber, et al., Defendants. Poole Truck Lines, Inc., Appellant

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

May 27, 1994

Order unanimously affirmed with costs.

Memorandum:

This proceeding is collateral to an action commenced by plaintiff David P. Brown, a truck driver, against defendant Mr. Seconds Building Material (Mr. Seconds) to recover for personal injuries sustained by plaintiff as the result of the negligence of Mr. Seconds' employees in their "use or operation", i.e., unloading (see generally, Kessler v Liberty Mut. Ins. Co. [appeal No. 3],

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