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PETRY v. JOCKERS

283 A.D.2d 411 (2001)

724 N.Y.S.2d 77

RICHARD PETRY et al., Respondents, v. DONALD JOCKERS, Defendant, and 6101 REALTY CORP. et al., Appellants. (And a Third-Party Action.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided May 7, 2001.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the motion which was for summary judgment dismissing the complaint insofar as asserted against the appellants is granted, and the complaint is dismissed in its entirety.

The plaintiff Richard Petry allegedly was injured when boulders loaded onto the rear of his truck shifted and crashed into the cab of the truck as he was...

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