STARKS v. R+L CARRIERS

16387, 115650/10.

134 A.D.3d 500 (2015)

20 N.Y.S.3d 527

2015 NY Slip Op 09197

ROBERT STARKS, Respondent, v. R+L CARRIERS et al., Appellants et al., Defendants.

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

Decided December 15, 2015.


During a delivery of a crate of glass panels, a portion of the lift gate on defendant R&L's tractor-trailer failed, sending the crate to the roadway four feet below. The crate was partially broken, and some of the glass panels inside were cracked. About ten minutes after the crate had fallen, the R & L driver left the area.

Plaintiff and his employer, who had been waiting for this delivery, proceeded to open the crate, separate the cracked glass panels, and...

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