DAVIDSON v. MIELE SANITATION CO. NY, INC.


5 A.D.3d 623 (2004)

774 N.Y.S.2d 778

RICHARD DAVIDSON et al., Respondents, v. MIELE SANITATION CO. NY, INC., Defendant, and CLARKSTOWN RECYCLING CENTER, INC., Appellant.

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

March 22, 2004.


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

The plaintiff Richard Davidson allegedly sustained personal injuries while employed at a transfer station operated by the defendant Clarkstown Recycling Center, Inc. (hereinafter Clarkstown), as he was assisting the driver of a truck...

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