Baker v. Joseph Leuner, Jr., Trucking Inc.

Judgment for plaintiff-respondent, after unanimous jury verdict, Supreme Court, Bronx County, entered November 24, 1975, unanimously affirmed. Respondent shall recover of appellants $60 costs and disbursements of this appeal. When a truck was being unloaded by the joint efforts of both trucker and store employees at a sidewalk in front of the store, boxes were piled on the sidewalk in such manner as to leave a narrow aisle for pedestrians. While this space was being negotiated by plaintiff, an elderly lady accompanied by a leashed dog, a box thrown from the truck struck the dog. The animal…