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Langlois v. Flame Cutsteel Products

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


April 30, 2009

RICHARD K. LANGLOIS, PLAINTIFF-RESPONDENT,
v.
FLAME CUTSTEEL PRODUCTS, CO., INC., DEFENDANT-APPELLANT, TITAN MACHINE CORP., ET AL., DEFENDANTS.

Order, Supreme Court, Bronx County (Dominic R. Massaro, J.), entered June 27, 2008, which, in an action for personal injuries when an 800-pound steel plate that plaintiff was unloading from a truck fell and struck his leg, denied the motion by defendant Flame Cutsteel Products Co. for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Gonzalez, P.J., Tom, Sweeny, Buckley, Acosta, JJ.

13901/04

Flame, whose employees loaded the steel plate onto the truck, had a duty to load it safely (cf. Moncion v Infra-Metals Corp., 20 AD3d 310, 311-312 [2005]), and clear issues of fact exist as to whether they did. We have considered and rejected defendant-appellant's other arguments.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20090430

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