DeROSA v. BOVIS LEND LEASE LMB, INC.

6834, 307731/08.

96 A.D.3d 652 (2012)

947 N.Y.S.2d 472

2012 NY Slip Op 5115

MARK DeROSA, Respondent, v. BOVIS LEND LEASE LMB, INC., et al., Appellants-Respondents, GRECO BROS. READY MIX CONCRETE CO., INC., Respondent-Appellant, et al., Defendants.

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

June 26, 2012.


Plaintiff, the driver of a cement-mixing truck, was directed by the property owner's contractors and construction manager, to position his cement truck side-by-side with another cement truck so that the two trucks could simultaneously pour their cement into a hopper. The space plaintiff was directed to occupy afforded him a foot or less of leeway on either side of his truck in which to operate. The spacing was significant since plaintiff needed at least two feet on the truck...

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