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FUSCO v. CHEMICAL BANK

262 A.D.2d 32 (1999)

689 N.Y.S.2d 397

EUGENE FUSCO, JR., Respondent, v. CHEMICAL BANK et al., Defendants, and METRO DEMOLITION CONTRACTING CORP., Appellant. (And a Third-Party Action.)

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

Decided June 3, 1999.

Issues of fact preclude summary judgment in appellant's favor, including whether it was foreseeable that plaintiff would use the allegedly defective dumpster that appellant supplied to the work site and attempt to move it to the curb after it was filled with debris (see, Derdiarian v Felix Contr. Corp., 51 N.Y.2d 308...

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