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STAIRS v. STATE ST. ASSOCS.

206 A.D.2d 817 (1994)

615 N.Y.S.2d 478

Douglas L. Stairs et al., Appellants-Respondents, v. State Street Associates, L. P., Respondent-Appellant

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

July 28, 1994

Crew III, J.

Defendant is the owner of certain real property located in the City of Ithaca, Tompkins County. In October 1988, defendant contracted with McGuire & Bennett, Inc. for the construction of an apartment complex. Plaintiff Douglas A. Stairs (hereinafter Stairs) was employed by McGuire & Bennett as an operating engineer.

On June 28, 1989, Stairs was operating a forklift on the construction site; it appears that part of his duties...

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