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RIVERS v. GARDEN WAY

231 A.D.2d 50 (1997)

660 N.Y.S.2d 893

Terrance L. Rivers, Respondent, v. Garden Way, Inc., Appellant. (And a Third-Party Action.)

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

July 24, 1997

Attorney(s) appearing for the Case

Donohue, Sabo, Varley & Armstrong, Albany (Kathleen L. Werther of counsel), for appellant.

Kouray & Kouray, Schenectady (Steven X. Kouray of counsel), for respondent.

WHITE, J. P., CASEY, SPAIN and CARPINELLO, JJ., concur.

PETERS, J.

Plaintiff, a tractor-trailer driver employed by third-party defendant Edgcomb Metals Company, was injured while attempting to make a delivery to defendant's factory in the Town of Waterford, Saratoga County. Upon arrival, plaintiff backed his tractor-trailer into a loading dock assigned to him by one of defendant's employees, climbed onto the flatbed of the tractor-trailer and readied his cargo to...

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