Zipay v. Benson
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtSweeney, J.
On August 1, 1966, plaintiff Richard Zipay was employed as a flagman by third-party defendant Dyer-Fitts Construction Co. Inc. (Dyer-Fitts), a contractor engaged in repairing a portion of Route 23 between Norwich and South Otselic, New York. On that day two of Dyer-Fitts’ large machines, a 10-foot wide shoulder spreader and a paver, were being operated on the 18-foot wide highway in opposite directions about 200 to 300 feet apart. There came a time when an eight-foot wide truck owned by defendant Clark was being guided by the plaintiff past the shoulder spreader when plaintiff was struck by…
2Cases cited8 opinions
- Green v. DownsNew York Court of Appeals · 1970
- Arroyo v. Judena Taxi, Inc.Appellate Division of the Supreme Court of the State of New York · 1964
- O'Connor v. 595 Realty AssociatesAppellate Division of the Supreme Court of the State of New York · 1965
- Rague v. Staten Island Coach Co.New York Court of Appeals · 1942
- Dambmann v. Metropolitan Street Railway Co.New York Court of Appeals · 1905
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3Cited by16 opinions
- Thelma Billiar v. Minnesota Mining and Manufacturing Company, Defendant/third Party Plaintiff v. Mennen-Greatbatch Electronics, Third PartyCourt of Appeals for the Second Circuit · 1980
- Sewar v. Gagliardi Bros. ServiceAppellate Division of the Supreme Court of the State of New York · 1979
- Sheppard v. Charles A. Smith Well Drilling & Water SystemsAppellate Division of the Supreme Court of the State of New York · 1983
- Seneca Dress Co. v. Bea-Jay Manufacturing Corp.Appellate Division of the Supreme Court of the State of New York · 1989
- Schou v. WhiteleyAppellate Division of the Supreme Court of the State of New York · 2004
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