Bernardo v. Fordham Hoisting Equipment Co.

Motion to dismiss the third-party complaint for insufficiency.

Plaintiff sues the defendants Fordham Hoisting and Equipment Company, Inc., and Albert Smith for personal injuries caused by the negligence of the defendants. The complaint alleges that the defendant ‘ ‘ Fordham ’ ’ leased, in a defective and dangerous condition, a hoist to Donato & Gagliano, Inc.; that. ‘ ‘ Fordham ’ ’ employed Albert Smith, with knowledge of the fact that Smith suffered from physical infirmities which prevented him from observing and hearing signals for the movement of the hoist; and that Smith negligently raised…