L. B. Smith, Inc. v. Bradley & Williams, Inc.

— Order modified to determine the rights of the parties to be as set forth in memorandum, and, as modified, affirmed, without costs. Memorandum: Bradley & Williams, Inc. (defendant) leased a hydraulic crane from plaintiff pursuant to a lease agreement in February, 1977. In December, 1977 defendant’s employee, Francis Palmeri, was injured when the leased crane tipped over. At the time of the accident, the crane was being operated by another employee of defendant. Palmeri subsequently commenced an action against plaintiff and defendant alleging negligence. The action against defendant was…