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MADIGAN v. UNITED PARCEL SERV., INC.

193 A.D.2d 1102 (1993)

598 N.Y.S.2d 634

Arthur J. Madigan et al., Appellants, v. United Parcel Service, Inc., et al., Respondents

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

May 28, 1993

Order unanimously reversed on the law with costs, motion granted and cross motion denied.

Memorandum:

Plaintiff Arthur J. Madigan (plaintiff) was injured while working for the general contractor hired to construct an UPS delivery facility on James Casey Road in Buffalo. The four-foot wall forms of the building on which plaintiff was working were placed in a three-foot trench, leaving only one foot of the forms above ground level. Plaintiff was replacing the...

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