Yaeger v. UCC Constructors, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order unanimously affirmed without costs. Memorandum: Supreme Court properly granted the motion of County Line Stone Co., Inc. (defendant) for summary judgment dismissing the complaint and cross claims against it. Defendant established that it was not negligent in loading the semi-trailer driven by Douglas F. Yaeger (plaintiff) with large rocks for transportation to a construction site. We reject plaintiffs’ contention that negligence may be reasonably inferred from the fact that the semitrailer tipped over while the rocks were being dumped at the site. Because of space limitations plaintiff…
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