M & G Convoy, Inc. v. Clark Disposal Service, Inc.

Appeal from an order of the Supreme Court (Prior, Jr., J.), entered November 9, 1992 in Albany County, which denied defendants’ motion for summary judgment dismissing the complaint.

At a busy truck terminal, defendant Gary Nebauer, an employee of defendant Clark Disposal Service, Inc., a refuse disposal concern, was unable to gain access to dumpsters which he was planning to empty into his refuse truck because of the location of one of plaintiffs automobile transport tractor trailers. After waiting a minute or so Nebauer, whose truck was 40 to 50 feet from the tractor trailer, hand-signaled a…