Torres v. Allied Tube & Conduit

—Order, Supreme Court, New York County (Elliott Wilk, J.), entered October 6, 1999, which, in an action for personal injuries sustained by plaintiff while unloading bundles of pipes from a truck, granted defendants’ motion for summary judgment dismissing the complaint, unanimously modified, on the law, to reinstate the common-law negligence claim as against defendant Cresco Lines insofar as it is based on the alleged defects in its delivery truck that prevented the installation of vertical restraints on the truck’s side, and otherwise affirmed, without costs.

Defendant Allied Tube & Conduit,…