MARTINEZ v. HUNTS POINT COOPERATIVE MARKET, INC.

2894, 20496/02, 83609/03.

79 A.D.3d 569 (2010)

914 N.Y.S.2d 99

HILARIO MARTINEZ, Appellant-Respondent, v. HUNTS POINT COOPERATIVE MARKET, INC., Respondent, and LISA MOTOR LINES et al., Respondents-Appellants. HUNTS POINT COOPERATIVE MARKET, INC., Third-Party Plaintiff-Respondent, v. NEBRASKALAND, INC., et al., Third-Party Defendants-Respondents.

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

Decided December 16, 2010.


Plaintiff, a warehouse worker employed by third-party defendant Nebraskaland, a meat supplier, asserts that he was injured on Nebraskaland's premises when a steel wheel and hook, together with six frozen goat carcasses hanging from the hook, dislodged from the overhead rail, and hit him on the shoulder. Plaintiff sued Hunts Point, the out-of-possession landlord of the premises, and LML, a freight transporter hired by Nebraskaland's seller, whose workers, known as "lumpers...

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