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MONCION v. INFRA-METALS CORP.

20 A.D.3d 310 (2005)

800 N.Y.S.2d 381

ARSENIO MONCION et al., Respondents, v. INFRA-METALS CORP., DIVISION OF PREUSSAG INTERNATIONAL Co., et al., Appellants, and ANGEL FIGUERO et al., Respondents. ARSENIO MONCION et al., Respondents, v. INFRA-METALS CORP., DIVISION OF PREUSSAG INTERNATIONAL Co., Defendant, and HUNTERSPOINT STEEL COMPANY, Appellant, and ANGEL L. FIGUERO et al., Respondents. (And a Third-Party Action.)

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

July 7, 2005.

Infra-Metals Corp. (Infra-Metals) is a steel distributor whose employees loaded steel on a tractor trailer to be delivered to Hunterspoint Steel Company (Hunterspoint), a steel distributor, then to Koenig Iron Works, Inc. (Koenig), and finally to two nonparty companies. Angel Figuero was the operator of the tractor trailer for Fenton Trucking. It is undisputed that the steel was loaded out of sequence in that the delivery going to Hunterspoint was not at the top of the load...

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