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DELIO v. PERCOM EQUIP. RENTAL CORP.

249 A.D.2d 354 (1998)

671 N.Y.S.2d 109

Cono Delio, Jr., et al., Respondents, v. Percom Equipment Rental Corp., Formerly Known as Deper Equipment Rental Corp., Defendant and Third-Party Plaintiff-Appellant, et al., Third-Party Defendant

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

April 13, 1998

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The plaintiff Cono Delio, Jr., who was employed by the third-party defendant Perez Interboro Asphalt Co. (hereinafter Perez Interboro), allegedly sustained injuries during the course of his employment when the lever which activated the tailgate of a dump truck struck him in the head. The truck was owned by the defendant third-party plaintiff Percom Equipment...

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