Ruff v. Lee Zoldan, Inc.

Appeal (transferred to this court by order of the Appellate Division, Second Department) from a judgment of the Supreme Court (Hickman, J.), entered December 6, 1989 in Orange County, upon a dismissal of the complaint at the close of plaintiffs’ case.

Plaintiff George R. Ruff (hereinafter plaintiff) was injured while making a delivery of freight to defendant. By plaintiff’s account, the injury occurred when he was assisting defendant’s employees in transporting a large industrial water heater into defendant’s warehouse on a hand truck. The hand truck was being pulled by one of defendant’s…