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ALLEN v. PARKINSON

190 A.D.2d 1026 (1993)

James R. Allen, Sr., et al., Respondents, v. James S. Parkinson, Doing Business as Rainbow Rubbish Removal Service, et al., Defendants James S. Parkinson, Doing Business as Rainbow Rubbish Removal Service, Third-Party Plaintiff, v. County of Cayuga, Third-Party Defendant, and Village of Moravia, Third-Party Defendant-Appellant

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

February 5, 1993

Order unanimously reversed on the law without costs and motion denied.

Memorandum:

While an employee of the County of Cayuga and a special employee of the Village of Moravia (Village), plaintiff James R. Allen, Sr., suffered the traumatic amputation of his left foot. Plaintiff instituted separate actions, which were ultimately consolidated, and also pursued a claim for workers' compensation. The Workers' Compensation Board determined that plaintiff had suffered...

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