REIS v. MYSTIC TRANSPORTATION, INC.


279 A.D.2d 563 (2001)

719 N.Y.S.2d 601

THOMAS R. REIS et al., Respondents, v. MYSTIC TRANSPORTATION, INC., Appellant, COASTAL OIL NEW YORK, INC., Defendant, and BAYSIDE FUEL OIL CORPORATION, Respondent. (And a Third-Party Action.)

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

Decided January 22, 2001.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, the cross motion is granted, the complaint and all cross claims are dismissed insofar as asserted against the appellant, and the action against the remaining defendants is severed.

The plaintiff Thomas R. Reis was injured while descending a metal rung ladder on an oil delivery truck owned by the defendant Mystic Transportation, Inc. (hereinafter Mystic). Shortly before the accident...

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