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HALL v. HUSKY FARM EQUIPMENT, LTD.

513121.

92 A.D.3d 1188 (2012)

939 N.Y.S.2d 604

2012 NY Slip Op 1405

HAROLD HALL et al., Respondents, v. HUSKY FARM EQUIPMENT, LTD., Formerly Known as GROSE WELDING, LTD., et al., Appellants. (And a Third-Party Action.)

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

Decided February 23, 2012.

KAVANAGH, J.

Plaintiff Harold Hall (hereinafter plaintiff) was employed since 1991 as a laborer by third-party defendant, Langdonhurst Farms, LLC, and his responsibilities included the emptying of the farm's manure pit. The pit was 31 feet by 51 feet and 8 feet deep, and was surrounded by a fence. A hydraulic liquid manure pump manufactured by defendant Husky Farm Equipment, Ltd. was permanently affixed to the side of the pit and was used by plaintiff to empty it...

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