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GAMBINO v. MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY

8 A.D.3d 337 (2004)

777 N.Y.S.2d 713

NUNZIO GAMBINO, Appellant, v. MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY et al., Respondents.

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

June 7, 2004.

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

The plaintiff was injured when a 37-pound bucket of joint compound fell on his head from atop a 16-foot scaffold that he was moving in preparation for breaking down the scaffold. He failed to check the top of the scaffold before trying to move it. Claiming that the scaffold had no protective...

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