FRANCO v. G. MICHAEL CAB CORP.

2009-07773.

71 A.D.3d 1082 (2010)

898 N.Y.S.2d 186

JUAN FRANCO, Respondent, v. G. MICHAEL CAB CORP., Appellant, et al., Defendants.

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

Decided March 30, 2010.


Ordered that the order is affirmed, with costs.

The plaintiff was employed by an entity called Shelter Express. During the evening of October 26, 2003, he was on duty cleaning a bus stop located in the vicinity of 44th Street and Third Avenue in Manhattan. He had parked his truck near the curb and was bending over in its rear-bed section removing a hose when a yellow taxicab crashed into the rear of the truck, allegedly causing the plaintiff to fall to the ground...

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