MARTINELLI v. TRAVELERS PROPERTY CASUALTY INSURANCE COMPANY


271 A.D.2d 890 (2000)

706 N.Y.S.2d 515

LARRY MARTINELLI, Appellant, v. TRAVELERS PROPERTY CASUALTY INSURANCE COMPANY, Respondent.

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

Decided April 27, 2000.


Cardona, P. J.

On October 30, 1997, while plaintiff was working as a mason at a construction site located in the Town of Rotterdam, Schenectady County, a cement truck owned and operated by defendant's insured arrived to unload cement. The driver of the cement truck connected two extensions to the chute attached to the truck and, using controls inside the truck, maneuvered the chute to pour the cement in the desired locations. Plaintiff sustained injuries while raking...

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