STANKOWSKI v. KIM


286 A.D.2d 282 (2001)

730 N.Y.S.2d 288

MARIOLA STANKOWSKI, as Administratrix of the Estate of JANUSZ STANKOWSKI, Deceased, Respondent, v. HARRY H. KIM et al., Respondents, and POST & TABACK, INC., Appellant, et al., Defendant. (And Other Third-Party Actions.)

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

Decided August 30, 2001.


On the morning of January 10, 1995, at the New York City Terminal Market in the Hunts Point area of the Bronx, plaintiff's decedent was killed when he was struck by the rear of a truck backing into defendant Post & Taback's loading dock. According to measurements made at the scene, the decedent's head was 36½ feet from the loading platform and his feet were a distance of 42 feet from the platform. At the time of the accident, decedent, an employee of a roofing contractor...

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