MARTINEZ v. ONE PLUS RENTAL SYS., INC.


247 A.D.2d 594 (1998)

668 N.Y.S.2d 106

Ismael Martinez et al., Respondents, v. One Plus Rental Systems, Inc., Defendant and Third-Party Plaintiff-Respondent. Dartz, Inc., Doing Business Wiffle Smiths, Third-Party Defendant-Appellant

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

February 23, 1998


Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The plaintiff, an employee of the appellant, was injured when the door of a storage trailer, which had been leased from the defendant third-party plaintiff, fell upon him as he was attempting to place materials in the trailer.

As a third-party defendant, the appellant was entitled to move for summary judgment dismissing the complaint (see, CPLR 1008; Townside...

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