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PEOPLE v. ALLIED SANITATION, INC.

83 N.Y.2d 860 (1994)

634 N.E.2d 198

611 N.Y.S.2d 826

The People of the State of New York, Respondent, v. Allied Sanitation, Inc., Appellant.

Court of Appeals of the State of New York.

Decided April 28, 1994.

Attorney(s) appearing for the Case

Snyder & Snyder, White Plains (David L. Snyder of counsel), for appellant.

Paul A. Crotty, Corporation Counsel of New York City (Fay Ng and Pamela Seider Dolgow of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur in memorandum.

MEMORANDUM.

The order of the Appellate Term should be reversed, defendant's motion to dismiss granted and the information dismissed.

Defendant refuse container company, whose employee placed a dumpster on an asphalt roadway without first laying protective planking, cannot be charged with a violation of former section 19-122 of the Administrative Code of the City of New York* as that penal...

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