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AGLI v. TURNER CONSTRUCTION COMPANY, INC.

257 A.D.2d 469 (1999)

683 N.Y.S.2d 531

CHRISTOPHER AGLI, Respondent, v. TURNER CONSTRUCTION COMPANY, INC., et al., Respondents, and CHARLIE HALL, Appellant. (And a Third-Party Action.) TURNER CONSTRUCTION COMPANY, INC., et al., Second Third-Party Plaintiffs-Respondents, v. LINDEN MOTOR FREIGHT, Second Third-Party Defendant-Appellant.

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

Decided January 19, 1999.

We reject the argument of appellants' freight company and its driver that the latter's reliance on the guidance of an employee of a codefendant in backing the truck up into the alley eliminates any issues of fact as to their own failure to exercise due care with respect to the movement of the truck (see, De Sessa v City of White Plains, 30 Misc.2d 817, 822; cf., Wartels v County...

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