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eBook details

• Title: Brooklyn Eastern District Terminal v. Phoenix Hartford Insurance Company
• Author : Supreme Court of New York
• Release Date : January 05, 1966
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 77 KB

Description

In our opinion, the documents offered by plaintiff in opposition to the motion for summary judgment were insufficient to show the existence of an issue of fact (CPLR 3212, subd. [b]). The question remains, however, whether defendant was entitled to the summary relief sought, i.e., whether the accident giving rise to the personal injury action (which action in turn precipitated the instant litigation) comes within the ""loading and unloading"" provision of the automobile liability policy. The plaintiff in the personal injury action, Alfonso Perfido, was injured when he slipped from a truck which he was loading at a warehouse in Brooklyn leased to plaintiff herein. Perfido alleged in his complaint and bill of particulars that the accident was caused solely by the negligence of plaintiff herein in permitting grease to accumulate on a loading platform on the premises, which rendered the platform slippery and dangerous. There was no allegation of negligence in the actual loading or unloading of the truck. (See Everlast Sporting Goods Mfg. Co. v. Aetna Ins. Co., 23 A.D.2d 641.) It is true that the accident, as alleged, occurred during the loading process but it was not the

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