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BENTON v. 673 FIRST REALTY CO.

33 A.D.3d 533 (2006)

823 N.Y.S.2d 379

JOHN BENTON, Plaintiff, v. 673 FIRST REALTY CO. et al., Defendants and Third-Party Plaintiffs-Respondents. NEW YORK HOSPITAL, Third-Party Defendant-Appellant, et al., Third-Party Defendant.

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

Decided October 26, 2006.

Plaintiff, an office clerk employed by third-party defendant Hospital, and two coworkers were asked to move an empty file cabinet from one office location to another. Plaintiff and his coworkers successfully loaded the file cabinet onto a dolly, rolled it up a ramp, removed it from the dolly, loaded it into a van, and drove to the other office location where the cabinet was unloaded. At the loading dock, plaintiff and his coworkers...

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