GALLO v. APOLLON CITY CORP.


278 A.D.2d 363 (2000)

718 N.Y.S.2d 621

DAVID GALLO, Respondent, v. APOLLON CITY CORP., Appellant. (And a Third-Party Action.)

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

Decided December 18, 2000.


Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The plaintiff, an employee of the third-party defendant Prime Care Medical Supplies, Inc. (hereinafter Prime Care), commenced this action to recover damages for injuries sustained when he fell from a storage loft in a warehouse leased by Prime Care and owned by the defendant Apollon City Corp. (hereinafter Apollon). Under the terms of the lease, Prime...

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