AVELINO v. 26 R.R. AVE., INC.


252 A.D.2d 912 (1998)

676 N.Y.S.2d 342

Michael Avelino, Appellant, v. 26 Railroad Avenue, Inc., et al., Respondents, et al., Defendant. (And a Third-Party Action.)

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

July 30, 1998


Mercure, J.

At the time plaintiff sustained the injuries forming the basis for this action, he was acting within the scope of his employment with third-party defendant installing a dust collection system in the second-floor attic of a building occupied by defendant Albany Pallet and Box Company, Inc. (hereinafter defendant). While plaintiff was performing his work, a floor board gave way, causing plaintiff's leg to crash through the floor and plaintiff...

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