CUFF v. SMART


202 A.D.2d 547 (1994)

609 N.Y.S.2d 91

William Cuff et al., Respondents, v. William Smart et al., Appellants, and Tagg Carting, Third-Party Defendant

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

March 21, 1994


Ordered that the order is affirmed, with costs.

On August 22, 1989, the plaintiff William Cuff sustained personal injuries as a result of an alleged "explosion". Cuff contended that the explosion was a result of an explosive substance contained within the garbage pails of the defendants-appellants William Smart and Maureen Smart. While standing at the rear of the garbage truck, Cuff lifted a garbage pail and dumped the contents into the hopper. While he was dumping...

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