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CAHN v. WARD TRUCKING, INC.

1715, 106110/04

68 A.D.3d 491 (2009)

2009 NY Slip Op 9145

890 N.Y.S.2d 530

JOHN CAHN, Respondent-Appellant, v. WARD TRUCKING, INC., Respondent, and TACONIC MANAGEMENT COMPANY, LLC, et al., Appellants-Respondents, et al., Defendants. (And a Third-Party Action.) J.T. FALK & COMPANY, LLC, Second Third-Party Plaintiff, v. ATLANTIC COASTAL TRUCKING, INC., et al., Second Third-Party Defendants-Respondents.

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

Decided December 10, 2009.

Plaintiff alleges that, on March 12, 2003, as he was walking in the lobby of the building where he works, a large drum of chemical solution fell off a shipping pallet and struck his leg, injuring him. Plaintiff commenced this action in April 2004, asserting claims in negligence against, inter alia, Taconic, the building's owner, and Ward, the company that plaintiff believed had delivered the drum to the building. Unbeknownst to plaintiff and the other parties to the action...

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