LITTS v. BEST KINGSTON GENERAL RENTAL


7 A.D.3d 949 (2004)

777 N.Y.S.2d 556

JEFFREY LITTS et al., Respondents, v. BEST KINGSTON GENERAL RENTAL, Also Known as BEST KINGSTON GENERAL, INC., Defendant and Third-Party Plaintiff-Appellant; PLEASANTVILLE REALTY CORPORATION, Doing Business as LAKE KATRINE APARTMENTS, Third-Party Defendant-Respondent.

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

May 20, 2004.


Cardona, P.J.

On April 30, 2001, plaintiff Jeffrey Litts (hereinafter plaintiff), an employee of third-party defendant, Pleasantville Realty Corporation, doing business as Lake Katrine Apartments (hereinafter Lake Katrine), rented a 12-inch wood chipper from defendant. Plaintiff used the wood chipper to assist in disposing of branches from trees he had trimmed at the Fairview Gardens and Lake Katrine apartment complexes. The chipper's discharge chute repeatedly clogged...

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