RASO v. STATEWIDE AUTO AUCTION INC.


262 A.D.2d 387 (1999)

691 N.Y.S.2d 158

JEFFREY RASO et al., Respondents, v. STATEWIDE AUTO AUCTION INC., Respondent, and DAVID R. MALTZ & CO., INC., Appellant.

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

Decided June 7, 1999.


Ordered that the orders are affirmed, with one bill of costs.

On May 10, 1994, the plaintiff Jeffrey Raso was attending an auction conducted by the appellant at the premises of the defendant Statewide Auto Auction, Inc. (hereinafter Statewide). One of the vehicles to be auctioned stalled. As the vehicle was being pushed to the auction block, it rolled over Raso's left foot.

Since the appellant was conducting the auction, and, pursuant to a contract with Statewide...

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