SHERMAN v. REYNOLDS METALS COMPANY


295 A.D.2d 843 (2002)

744 N.Y.S.2d 553

ROGER J. SHERMAN et al., Appellants, v. REYNOLDS METALS COMPANY, Respondent.

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

Decided June 27, 2002.


Mugglin, J.

Defendant operates a plant in the City of Middletown, Orange County, where it manufactures aluminum cans. Two warehouses, one primarily for the storage of finished product awaiting shipment and the other for the storage and repair of pallets and raw materials, were situate within one-quarter mile from the plant. Burlington Motor Carriers, Inc. (hereinafter Burlington) employed plaintiff as a "yard switcher" to transport materials and products to and from...

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