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SCHMITT v. HUNTS POINT TERMINAL PRODUCE COOPERATIVE ASSOCIATION, INC.

294 A.D.2d 124 (2002)

742 N.Y.S.2d 13

EDWARD SCHMITT, Appellant, v. HUNTS POINT TERMINAL PRODUCE COOPERATIVE ASSOCIATION, INC., et al., Respondents. CONSOLIDATED RAIL CORPORATION, Third-Party Plaintiff, v. BULKMATIC TRANSPORT COMPANY, Third-Party Defendant, and AFFILIATED BUILDING SERVICES, INC., Third-Party Defendant-Respondent.

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

Decided May 7, 2002.

Plaintiff was injured in an area of the Hunts Point Terminal Market of which defendant Hunts Point was the lessee and defendant Conrail was the sublessee. At the time of his injury, plaintiff, an employee of Bulkmatic Transport Company, was standing on a Bulkmatic tractor trailer truck into which flour was being transferred with a pneumatic transfer machine provided by Bulkmatic. Plaintiff fell from the tractor trailer when a second...

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