POUSO v. CITY OF NEW YORK


22 A.D.3d 395 (2005)

804 N.Y.S.2d 24

JOSE POUSO et al., Appellants, v. CITY OF NEW YORK et al., Defendants, and C. PAVLOU, INC., et al., Respondents. (And Other Actions.)

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

October 25, 2005.


The injured plaintiff, an employee of subcontractor Hirani, suffered a crushed ankle and foot when a delivery of steel rebars, weighing 2,000 to 3,000 pounds, fell on him from Spa's flatbed delivery truck. Upon arrival at the construction site, Spa's driver was directed by Hirani's foreman on where and how to park the truck. That part of the verdict attributing 5% negligence to Spa was properly set aside in view of the fact that Spa's employee neither participated in nor...

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