Franceschi v. Consolidated Rail Corp.

Appeal from an order of the Supreme Court (Cobb, J.), entered June 4, 1987 in Columbia County, which denied defendant Don Millious, Inc.’s motion for summary judgment dismissing the complaint against it and the cross claim of defendant Consolidated Rail Corporation.

On January 5, 1984 at about 7:30 a.m., plaintiff Richard Franceschi, Sr. (hereinafter plaintiff), an employee for Anchor Motor Freight, Inc., was at the Selkirk truck terminal in the Town of Bethlehem, Albany County, when he twisted his right ankle while descending from the cab of his truck. Allegedly, he stepped on an object which…