NITZ v. GUSMER CORP.


245 A.D.2d 929 (1997)

666 N.Y.S.2d 841

Kenneth Nitz, Jr., Respondent, v. Gusmer Corporation et al., Appellants, et al., Defendant. (And a Third-Party Action.)

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

December 24, 1997


Carpinello, J.

Plaintiff and his brother were inside a trailer owned by their employer, third-party defendant Sandra Nitz, on property owned by defendant Wallace Space Conditioning, Inc. when they had an argument which escalated into a physical altercation. During the scuffle, which grew out of a dispute over their respective cleaning assignments in the trailer, plaintiff's brother pushed him into two stacked...

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