BENNION v. GOODYEAR TIRE & RUBBER CO.


229 A.D.2d 1003 (1996)

645 N.Y.S.2d 195

Calvin R. Bennion, III, Respondent-Appellant, v. Goodyear Tire & Rubber Company, Appellant-Respondent and Third-Party Plaintiff-Respondent. Expert Refrigeration Company, Inc., Third-Party Defendant-Appellant-Respondent

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

July 12, 1996


Order affirmed without costs.

Memorandum:

Plaintiff, an employee of third-party defendant, Expert Refrigeration Company, Inc., sustained injuries while performing duct work in a warehouse building owned by defendant, Goodyear Tire & Rubber Company (Goodyear). The ducts ran across the tops of rafters, which were located approximately two to three feet above a drop ceiling. Plaintiff lost his balance and fell three to four feet from a rafter upon which he...

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