KOGAN v. FORTUNATO & SONS, INC.


220 A.D.2d 488 (1995)

632 N.Y.S.2d 183

Barry Kogan, Appellant, v. Fortunato & Sons, Inc., et al., Respondents, et al., Defendant

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

October 10, 1995


Ordered that the order is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

There is nothing in the record to indicate that the employees of the various respondents had exclusive access to the site of the accident at the time of the occurrence. The facts alleged by the plaintiff would therefore require a trier of fact to speculate as to whether the injuries that the plaintiff sustained were caused by an employee of...

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