CHIARELLO v. J&D LEASING COMPANY


299 A.D.2d 183 (2002)

749 N.Y.S.2d 33

DANIEL CHIARELLO et al., Appellants, v. J&D LEASING COMPANY et al., Defendants, and SHELDON ELECTRIC COMPANY, INC., et al., Respondents. (And Other Actions.)

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

Decided November 12, 2002.


Plaintiff, a truck driver in the employ of a supplier of electrical materials, was injured while delivering a heavy copper reel to the subcontractor hired to do the electrical work on a construction project. According to plaintiff, he rolled the reel to the truck's elevated tailgate, whereupon the tailgate collapsed, sending him four feet to the ground. The IAS court correctly held that, as a matter of law, plaintiff was neither among the class of workers (see Gentile...

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