RADKA v. MILLER BREWING, INC.


182 A.D.2d 1111 (1992)

Walter Radka, Appellant, v. Miller Brewing, Inc., Respondent and Third-Party Plaintiff-Respondent, E.J. Button & Sons, Inc., Respondent and Third-Party Plaintiff, and Sverdrup & Parcel Consultants, Inc., Respondent and Third-Party Defendant-Respondent. Iverson Construction Corporation, Third-Party Defendant-Respondent

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

April 24, 1992


Order affirmed without costs.

Memorandum:

We affirm for reasons stated at Supreme Court (Falvey, J.). We add only that, as plaintiff testified at his examination before trial, he was walking alongside a trench when its bank gave way and he was precipitated down the steep slope into the excavation. Thus, at the time of the incident, plaintiff was not performing any task at an elevated worksite and was not exposed to the type of hazard that the use or placement...

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