PARK v. BAY CRANE, INC.


49 A.D.3d 617 (2008)

854 N.Y.S.2d 154

SANGHO PARK et al., Appellants, v. BAY CRANE, INC., Defendant and Third-Party Plaintiff-Respondent. RAPID TIRE SERVICE OF BROOKLYN, INC., Third-Party Defendant-Respondent.

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

Decided March 11, 2008.


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

The defendant Bay Crane, Inc. (hereinafter Bay Crane), engaged the third-party defendant Rapid Tire Service of Brooklyn, Inc. (hereinafter Rapid Tire), to service, repair, and change the tires on its cranes. On October 23, 2003 the plaintiff Sangho Park, then an employee of Rapid Tire, was attempting to mount a spare tire supplied to him by Bay Crane onto one of its cranes at a Bay...

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