WERNER v. RITTER


282 A.D.2d 525 (2001)

723 N.Y.S.2d 216

JOHN W. WERNER, Respondent, v. ELLEN RITTER, Appellant. (And a Third-Party Action.)

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

Decided April 9, 2001.


Ordered that the judgment is reversed, on the facts, and the matter is remitted to the Supreme Court for a new trial, with costs to abide the event.

The plaintiff was injured when he and a co-worker attempted to extricate the plaintiff's vehicle, which had become lodged on a metal pipe in the appellant's parking lot. In attempting to move the vehicle, the plaintiff placed his hand beneath the bumper of the vehicle and tried to lift it over the pipe while the co-worker...

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