YAEGER v. UCC CONSTRUCTORS, INC.


281 A.D.2d 990 (2001)

721 N.Y.S.2d 894

DOUGLAS F. YAEGER et al., Appellants, v. UCC CONSTRUCTORS, INC., et al., Defendants, and COUNTY LINE STONE CO., INC., Respondent.

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

Decided March 21, 2001.


Order unanimously affirmed without costs.

Memorandum:

Supreme Court properly granted the motion of County Line Stone Co., Inc. (defendant) for summary judgment dismissing the complaint and cross claims against it. Defendant established that it was not negligent in loading the semi-trailer driven by Douglas F. Yaeger (plaintiff) with large rocks for transportation to a construction site. We reject plaintiffs' contention that negligence may be reasonably inferred...

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