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FILS-AIME v. RYDER TRS, INC.

40 A.D.3d 914 (2007)

836 N.Y.S.2d 670

BETINA FILS-AIME, Plaintiff, v. RYDER TRS, INC., Defendant, MATTHEW D. VERMILYEA, Defendant and Third-Party Plaintiff-Respondent, et al., Defendants. CORNELL UNIVERSITY, Third-Party Defendant-Appellant, et al., Third-Party Defendant. (Action No. 1.) MAGDA JACHOWICZ et al., Plaintiffs, v. MATTHEW D. VERMILYEA, Defendant and Third-Party Plaintiff-Respondent, et al., Defendants. CORNELL UNIVERSITY, Defendant and Third-Party Defendant-Appellant, et al., Third-Party Defendant. (Action No. 2.) CRISTOFARO SCACCIA et al., Plaintiffs, v. TEAM FLEET FINANCING CORP. et al., Defendants, and MATTHEW D. VERMILYEA, Defendant and Third-Party Plaintiff-Respondent. CORNELL UNIVERSITY, Third-Party Defendant-Appellant, et al., Third-Party Defendant. (Action No. 3.) ERIC Y. DUNST, Plaintiff, v. RYDER TRS, INC., Defendant, and MATTHEW D. VERMILYEA, Defendant and Third-Party Plaintiff-Respondent. CORNELL UNIVERSITY, Third-Party Defendant-Appellant, et al., Third-Party Defendant. (Action No. 4.)

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

Decided May 22, 2007.

Ordered that the order is affirmed insofar as appealed from, with costs.

While transporting laboratory equipment to the third-party defendant Cornell University (hereinafter Cornell), the defendant and third-party plaintiff Matthew D. VerMilyea was involved in an accident in which several individuals allegedly were injured. After the plaintiffs commenced these four actions to recover for their injuries against VerMilyea, among others, and these actions were ordered...

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