Avelino v. 26 Railroad Avenue, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Mercure, J.
Appeal from an order of the Supreme Court (Keegan, J.), entered August 28, 1997 in Albany County, which partially granted a cross motion by defendant Albany Pallet and Box Company, Inc. for summary judgment dismissing the complaint against it.
At the time plaintiff sustained the injuries forming the basis for this action, he was acting within the scope of his employment with third-party defendant installing a dust collection system in the second-floor attic of a building occupied by defendant Albany Pallet and Box Company, Inc. (hereinafter defendant). While plaintiff was…
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