Lorette v. Bellevue Builders Supply, Inc.

Appeal (1) from an order of the Supreme Court at a Trial Term, entered November 16, 1976 in Albany County, which granted a motion by third-party defendant for a judgment as a matter of law at the close of all the evidence, and (2) from the judgment entered thereon. The underlying action is one based in negligence to recover for personal injuries sustained by plaintiff, an employee of Woodin Transportation Co., Inc., the third-party defendant. On August 14, 1973 plaintiff drove to defendant Bellevue’s lumber yard located in Rotterdam, New York, to pick up a load of lumber to be delivered to…