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FONTANEZ v. ST. BARNABAS HOSPITAL

38 A.D.3d 293 (2007)

830 N.Y.S.2d 657

DAVID FONTANEZ, Plaintiff, v. ST. BARNABAS HOSPITAL et al., Respondents. METRO STRUCTURAL STEEL, INC., Third-Party Plaintiff-Respondent, v. NEW YORK CRANE & EQUIPMENT CORP., Third-Party Defendant, and H & L TRUCKING SERVICE OF LI, INC., Third-Party Defendant-Appellant.

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

Decided March 13, 2007.

H & L's employee conceded in testimony that he was responsible for supervising the loading of steel onto his truck. Two of plaintiff's coworkers who were involved in the unloading process stated, in identical affidavits, that they were working with "a large load which was dangerously placed on the trailer... steel on steel which should have been separated by wood dunnage to limit the steel from moving and sliding around." Plaintiff...

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