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MOLL v. BRANDWOOD, LLC

CA 09-00368

67 A.D.3d 1364 (2009)

890 N.Y.S.2d 223

2009 NY Slip Op 08289

BRADLEY MOLL, Appellant, v. BRANDWOOD, LLC, Respondent and Third-Party Plaintiff. BRENON BOYS, INC., Doing Business as LEO BRENON TOP SOIL, Third-Party Defendant-Respondent.

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

Decided November 13, 2009.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this action seeking damages for injuries he sustained when his foot was caught in a soil shredding machine owned by his employer, third-party defendant. The soil had been excavated in connection with a housing development construction project on property owned by defendant/third-party plaintiff (hereafter, defendant), and third-party defendant...

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