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BOMBARA v. ROGERS BROS. CORP.

289 A.D.2d 356 (2001)

734 N.Y.S.2d 617

PLACIDO BOMBARA, Respondent, v. ROGERS BROS. CORP., Defendant and Third-Party Plaintiff-Appellant. A & J ANTORINO COMPANY, INC., Third-Party Defendant. (Action No. 1.) PLACIDO BOMBARA, Plaintiff, v. NEW YORK TELEPHONE COMPANY et al., Defendants. (Action No. 2.)

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

Decided December 17, 2001.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the cross motion is granted, and the complaint in Action No. 1 is dismissed.

The plaintiff, an employee of A & J Antorino Company, Inc. (hereinafter A & J), the third-party defendant in Action No. 1, was injured when he fell into a wheel well as he was riding on the rear of an open trailer manufactured and designed by the appellant. The trailer was designed...

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