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FOWLER v. CCS QUEENS CORPORATION

279 A.D.2d 505 (2001)

719 N.Y.S.2d 270

ANDREW FOWLER, Appellant, v. CCS QUEENS CORPORATION et al., Defendants and Third-Party Plaintiffs-Respondents. BDT CONTRACTING CORP., Third-Party Defendant-Respondent.

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

Decided January 16, 2001.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs payable to the respondents appearing separately and filing separate briefs.

The plaintiff was employed as a truck driver by BDT Contracting Corporation (hereinafter BDT). The plaintiff was injured while attempting to bend a rod that was hanging over the side of a tractor trailer, as instructed by BDT. As the plaintiff pushed the rod, it sprung back and hit him on the right side of...

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