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Kogan v. Fortunato Sons, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Oct 10, 1995
220 A.D.2d 488 (N.Y. App. Div. 1995)

Opinion

October 10, 1995

Appeal from the Supreme Court, Queens County (Rutledge, J.).


Ordered that the order is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

There is nothing in the record to indicate that the employees of the various respondents had exclusive access to the site of the accident at the time of the occurrence. The facts alleged by the plaintiff would therefore require a trier of fact to speculate as to whether the injuries that the plaintiff sustained were caused by an employee of one of the respondents or by some other individual who also had access to the accident site at the time of the occurrence (see, Camilerry v. Halfmann, 184 A.D.2d 488). Mangano, P.J., Miller, Santucci and Hart, JJ., concur.


Summaries of

Kogan v. Fortunato Sons, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Oct 10, 1995
220 A.D.2d 488 (N.Y. App. Div. 1995)
Case details for

Kogan v. Fortunato Sons, Inc.

Case Details

Full title:BARRY KOGAN, Appellant, v. FORTUNATO SONS, INC., et al., Respondents, et…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 10, 1995

Citations

220 A.D.2d 488 (N.Y. App. Div. 1995)
632 N.Y.S.2d 183