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WALKER v. FIRST TRANSIT, INC.

35 A.D.3d 452 (2006)

825 N.Y.S.2d 526

BRUCE A. WALKER et al., Respondents, v. FIRST TRANSIT, INC., et al., Appellants.

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

Decided December 5, 2006.

Ordered that the order is reversed, on the law, with costs, and the motion for summary judgment dismissing the complaint is granted.

The injured plaintiff was employed as a delivery driver by Airborne Express. As he was exiting a van through the rear door to make a delivery, a gust of wind caused one of the opened rear doors to close in on him. The door struck the injured plaintiff in the head, causing personal injuries...

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