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PENA v. AEP INDUS., INC.

2016-08761. Index No. 502368/14.

151 A.D.3d 1072 (2017)

59 N.Y.S.3d 41

2017 NY Slip Op 05232

MARIO PENA, Respondent, v. AEP INDUSTRIES, INC., Appellant, et al., Defendant. (And a Third-Party Action.).

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

Decided June 28, 2017.

Ordered that the order is reversed, on the law, with costs, and the motion of the defendant AEP Industries, Inc., for summary judgment dismissing the complaint insofar as asserted against it is granted.

The plaintiff allegedly sustained injuries at his place of employment as he attempted to unload a delivery of merchandise sold by the defendant AEP Industries, Inc. (hereinafter the defendant). After the accident, the plaintiff...

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