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TRZASKA v. ALLIED FROZEN STORAGE, INC.

930 CA 10-00760.

77 A.D.3d 1291 (2010)

909 N.Y.S.2d 260

THOMAS J. TRZASKA et al., Plaintiffs, v. ALLIED FROZEN STORAGE, INC., Defendant/Third-Party Plaintiff-Respondent. LANDSCAPING & EXCAVATING BY J&K, Third-Party Defendant-Appellant, et al., Third-Party Defendant. (Appeal No. 1.)

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

Decided October 1, 2010.

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

Memorandum: Plaintiffs commenced this action seeking damages for injuries sustained by Thomas J. Trzaska (plaintiff) when he slipped and fell on property owned by defendant-third-party plaintiff, Allied Frozen Storage, Inc. (Allied), during the course of performing waste removal services. Plaintiff had partially backed his truck into an open garage door when he attempted to...

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