EDDY v. JOHN HUMMEL INC.

2014-03749, Index No. 18896/09.

147 A.D.3d 16 (2016)

2016 NY Slip Op 08502

43 N.Y.S.3d 507

MARK EDDY, Respondent, v. JOHN HUMMEL CUSTOM BUILDERS, INC., Appellant, et al., Defendants.

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

Decided December 21, 2016.


Attorney(s) appearing for the Case

Baxter Smith & Shapiro, P.C., Hicksville ( Dennis S. Heffernan of counsel), for appellant.

Rappaport Glass Levine & Zullo, LLP, Hauppauge ( Michael S. Levine , Anne Marie Caradonna and Michael Glass of counsel), for respondent.

LEVENTHAL, J.P., DUFFY and LASALLE, JJ., concur.


OPINION OF THE COURT

Introduction

In Dilluvio v City of New York (95 N.Y.2d 928 [2000]), the Court of Appeals held that a worker who fell from the back of a pickup truck in which he was riding was not protected...

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