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HEFFERNAN v. CAPASSO

210 A.D.2d 203 (1994)

619 N.Y.S.2d 349

Joseph Heffernan, Respondent, v. Carl Capasso et al., Defendants, and Logan Clay Products Company et al., Appellants. (And Two Third-Party Actions.)

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

December 5, 1994

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff was injured when a large clay pipe, which he was unloading, became unsecured and crushed his hand. The pipe was secured to other pipes with metal banding, and the pipe apparently became unsecure when one of the metal bands snapped. The appellants' motion for summary judgment was properly denied, since there are material issues of fact...

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