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ZAHNO v. URQUART

213 A.D.2d 1004 (1995)

625 N.Y.S.2d 111

Mitchell W. Zahno, Plaintiff, v. Donald Urquart, Doing Business as Urquart Contracting, et al., Defendants. R & S Leasing and Equipment Sales, Inc., Third-Party Plaintiff-Appellant, v. Modern Landfill, Inc., Third-Party Defendant-Respondent

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

March 17, 1995

Order unanimously reversed on the law with costs, motion denied, third-party complaint reinstated and cross motion granted.

Memorandum:

Plaintiff, a mechanic employed by third-party defendant, Modern Landfill, Inc. (Modern Landfill), was injured on the job while repairing a bulldozer owned by defendant Urquart Contracting (Urquart). The bulldozer was temporarily in the possession of defendant third-party plaintiff...

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