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REYES v. PANICHI

232 A.D.2d 542 (1996)

648 N.Y.S.2d 945

Sabino Reyes, Appellant, v. Emil Panichi, Doing Business as Royal Carting Service Company, Respondent. (And a Third-Party Action.)

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

October 21, 1996

Ordered that the judgment is affirmed, with costs.

The plaintiff has failed to raise a triable issue of fact that the damages he sought to recover for the injuries he allegedly sustained after being struck by falling bales of corrugated cardboard were recoverable on any theory pleaded against the defendant (see, Bernstein v City of New York, 69 N.Y.2d 1020; Vinicio v Marriott...

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