HUTCHINS v. FINCH, PRUYN & COMPANY, INC.


267 A.D.2d 809 (1999)

700 N.Y.S.2d 517

MICHAEL HUTCHINS et al., Respondents-Appellants, v. FINCH, PRUYN & COMPANY, INC., Appellant-Respondent. (And a Third-Party Action.)

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

Decided December 23, 1999.


Spain, J.

Plaintiff Michael Hutchins (hereinafter plaintiff) was employed by O'Neill Brothers Trucking, Inc. as a truck driver engaged in the work of hauling wood for sale to various paper mills. On December 29, 1992, plaintiff drove a tractor-trailer containing a full load of eight-foot logs to the papermaking plant of defendant where the logs were sawed into four-foot lengths while still on the trailer and then unloaded. Plaintiff then drove the truck to the cleaning...

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