TREVINO v. DAVIS


303 A.D.2d 193 (2003)

756 N.Y.S.2d 543

JUAN TREVINO, Appellant, v. MORTON DAVIS et al., Respondents. EAST BAY REALTY, INC., Third-Party Plaintiff-Respondent, v. DAYTON METAL PRODUCTS, Third-Party Defendant-Respondent.

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

Decided March 11, 2003.


The action seeks to recover for personal injuries sustained when plaintiff was struck by a falling load of steel railroad beams and other debris on property that a month before had been sold by his employer, the third-party defendant herein, to defendant. Under the contract of sale, plaintiff's employer was required to remove all steel scraps and other debris from the property, which task plaintiff was performing, at the direction...

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