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DONOVAN v. CITY OF BUFFALO

185 A.D.2d 703 (1992)

Jeremiah J. Donovan et al., Appellants, v. City of Buffalo et al., Respondents Buffalo Sewer Authority et al., Third-Party Plaintiffs-Respondents, v. Quackenbush Co., Inc., Third-Party Defendant-Respondent

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

July 14, 1992

Order insofar as appealed from unanimously reversed on the law with costs, motions denied and cross motion granted.

Memorandum:

Plaintiff Jeremiah J. Donovan (plaintiff) suffered personal injuries when he fell approximately 17 feet while working inside a digester tank at the Squaw Island Treatment Plant (Plant) in Buffalo. At the time of the accident, plaintiff was disassembling scaffolding. He was not wearing a safety belt or lanyard, which he knew were available...

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