WAY v. GRANTLING


186 Misc.2d 110 (2000)

714 N.Y.S.2d 639

DONALD P. WAY, Plaintiff, v. GEORGE GRANTLING et al., Defendants and Third-Party Plaintiffs. CHEMUNG CONTRACTING CORPORATION, Third-Party Defendant.

Supreme Court, Madison County.

September 26, 2000.


Attorney(s) appearing for the Case

Phelan, Burke & Scolamiero, L. L. P., Albany (Keith M. Frary of counsel), for third-party defendant.

Roe, Shantz & Iacono, Liverpool (Frederick Shantz of counsel), for defendants and third-party plaintiffs.

Robert E. Lahm & Associates, Syracuse, for plaintiff.


OPINION OF THE COURT

WILLIAM F. O'BRIEN, III, J.

The underlying action arises from a motor vehicle accident occurring on July 9, 1997 in the Town of Reading, Schuyler County, in which plaintiff, a member of a construction crew for third-party defendant Chemung Contracting Corporation (hereinafter Chemung), was injured when defendant Grantling's tractor-trailer ran over a fire hose stretched across State Route 14, causing the hose to either whip up and strike...

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