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  5. 84 N.Y.2d 896 (1994)
 

LAZO v. MAK'S TRADING CO., INC.

84 N.Y.2d 896 (1994)

644 N.E.2d 1350

620 N.Y.S.2d 794

Luis D. Lazo, Appellant, v. Mak's Trading Company, Inc., Respondent.

Court of Appeals of the State of New York.

Decided October 27, 1994.

Attorney(s) appearing for the Case

Jack Baum, Brooklyn, for appellant.

Smith & Laquercia, P. C., New York City (Thomas Michael Laquercia and Vanessa M. Corchia of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, BELLACOSA, SMITH and CIPARICK concur; Judge TITONE concurs in result in an opinion in which Judge LEVINE concurs.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Plaintiff, the operator of a tractor trailer, delivered a shipment of rice to defendant, a wholesale and retail grocer in New York City. Defendant grocer engaged three neighborhood men to help unload the trailer. During the unloading, one of the three individuals got into an altercation with plaintiff, resulting in personal injuries.<...

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