OCERA v. ZITO


212 A.D.2d 681 (1995)

622 N.Y.S.2d 800

Christopher Ocera, Appellant, v. Joseph Zito et al., Defendants, and Mr. Natural, Inc., Respondent. (And a Third-Party Action.)

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

February 21, 1995


Ordered that the order is affirmed, with costs.

The plaintiff is an employee of a beverage delivery company and his duties included loading the bottled beverages onto the delivery truck. The defendant Mr. Natural, Inc. (hereinafter the respondent), is in the business of warehousing and distributing "Snapple" beverage products. The respondent's warehouse, located on the east side of Imlay Street in Brooklyn, had neither an off-street loading area nor loading bays....

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