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BETEMIT v. SPRING

306 A.D.2d 177 (2003)

763 N.Y.S.2d 551

INGRID BETEMIT, as Administratrix of the Estate of PORFIRIO BETEMIT, Also Known as ANTONIO BETEMIT, Deceased, Respondent-Appellant, v. ARNOLD SPRING et al., Respondents, and CONSORCIO ORIENTAL OF NEW YORK CORP., Appellant-Respondent, et al., Defendants. (And a Third-Party Action.)

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

Decided June 24, 2003.

Plaintiff's decedent, a laborer on a renovation project, was injured while assisting in loading a 20-ton safe from the sidewalk onto a flatbed tow truck that the driver had positioned at the curb with the back of its platform resting on the ground. As a group of 10 or more coworkers tipped the safe over to rest on the angled bed of the truck, the decedent, who was in the middle of the truck bed, became trapped when the top of the...

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