Albarran v. City of New York

Order of the Supreme Court, New York County, entered in the office of the clerk on July 20, 1976, denying appellant’s motion for summary judgment, unanimously reversed, on the law, and summary judgment granted in favor of defendant Lease Plan, Inc., dismissing the complaint as against it, and severing the action, without costs and without disbursements. The allegation against Lease Plan in the complaint is, essentially, that the accident was due to the negligence of a fellow employee of plaintiff’s intestate in the handling of a handcart owned by decedent’s employer which the fellow employee…