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RUGGIERO v. CARDELLA TRUCKING CO.

16 A.D.3d 342 (2005)

793 N.Y.S.2d 337

MICHAEL RUGGIERO, Respondent, v. CARDELLA TRUCKING CO., Appellant, and NEW YORK HOSPITAL, Respondent.

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

March 31, 2005.

Plaintiff, an employee of the construction manager of a renovation project at defendant hospital, was injured when a dumpster cart furnished by defendant Cardella tipped over onto him, allegedly because of a defective wheel, as he was pulling it up a ramp to be hauled away. Plaintiff initially brought this action against both the hospital and Cardella, but subsequently discontinued it voluntarily as against Cardella.

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