PETERKIN v. CITY OF NEW YORK


5 A.D.3d 652 (2004)

773 N.Y.S.2d 566

MICHAEL PETERKIN, Appellant, v. CITY OF NEW YORK et al., Defendants, and MAURICE RAMOS, Respondent. (And Third-Party Actions.)

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

March 22, 2004.


Ordered that the order is affirmed, with costs.

The plaintiff was injured while helping to unload from a truck bundles of fencing panels that he and a coworker had delivered to an off-site storage yard for subsequent use in a street repair project. The Supreme Court properly granted the motion of the defendant Maurice Ramos for summary judgment dismissing the complaint insofar as asserted against him. The evidence supporting the motion established that at the time...

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