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CLARK v. HOFF BROS. REFUSE CORP.

72 A.D.2d 936 (1979)

Alexander R. Clark et al., Appellants, v. Hoff Bros. Refuse Corp., Respondent

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

November 16, 1979

Order and judgment reversed, with costs, and motion denied.

Memorandum:

This is an appeal from an order and judgment at Special Term granting the motion of respondent Hoff Brothers Refuse Corp. for summary judgment dismissing the complaint on the ground that no triable issue of fact exists. In April, 1976 Rodney C. Magee was employed by respondent Hoff Brothers Refuse Corporation as a scale operator. His normal working...

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