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JOCK v. FIEN

80 N.Y.2d 965 (1992)

Amos Jock et al., Appellants, v. Donald L. Fien, Respondent. Amos Jock et al., Appellants, v. Richard Van Petty, Respondent.

Court of Appeals of the State of New York.

Decided October 29, 1992.

Attorney(s) appearing for the Case

Villani & Grow, Lyons (Anthony J. Villani of counsel), for appellants.

Sutton, De Leeuw, Clark & Darcy, Pittsford (John H. Darcy of counsel), for Donald L. Fien, respondent.

John A.R. Walsh, Ontario, for Richard Van Petty, respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, TITONE, HANCOCK, JR., and BELLACOSA concur in memorandum; Judge SMITH taking no part.

MEMORANDUM.

The order of the Appellate Division should be modified, without costs, in accordance with this memorandum and, as so modified, affirmed.

The injured plaintiff, an employee of Van Petty Excavating, Inc., fell from an upright steel mold that he was preparing during his customary occupational work of fabricating a concrete septic tank (see, 176 A.D.2d 6, 7-8, for...

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