CARUSO-GOLEEKE v. ACCURATE FENCE


304 A.D.2d 783 (2003)

759 N.Y.S.2d 143

TERI-ANN CARUSO-GOLEEKE et al., Respondents, v. ACCURATE FENCE, Defendant, CIPCO FENCE, Appellant, and SAFEGUARD FENCE CO., INC., Respondent. (And a Third-Party Action.)

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

Decided April 28, 2003.


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

In June 1998 the injured plaintiff was employed as a sales manager for a Staples store in Queens. At the rear of the store was a chain-link fence which had two different gates: one was an ordinary...

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