MAZZARELLA v. PAOLANGELI


63 A.D.3d 1420 (2009)

881 N.Y.S.2d 540

CATHLEEN A. MAZZARELLA et al., Appellants, v. FRANCIS J. PAOLANGELI, Doing Business as PAOLANGELI CONTRACTOR, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

Decided June 18, 2009.


Mercure, J.P.

In October 2003, Darrell Cole, an employee of defendant acting within the scope of his employment, lost control of the empty dump truck that he was driving. As a result, the truck slid into a ditch, damaging the vehicle's fuel primer pump. Cole, unaware of the damage to the truck, then moved it out of the ditch and drove a short distance on the roadway, causing the truck's running engine to deposit diesel fuel along approximately 100 feet of the road...

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