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LAZAR v. COUNTY OF ONTARIO

221 A.D.2d 916 (1995)

634 N.Y.S.2d 595

Andrew Lazar et al., Appellants, v. County of Ontario et al., Respondents, et al., Defendant Iverson Construction Corp., Third-Party Plaintiff, v. Rochester Acoustical Corp., Third-Party Defendant-Respondent

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

November 15, 1995

Order and judgment affirmed without costs.

Memorandum:

Supreme Court properly dismissed the complaint. Contrary to the assertion of the dissent, the court properly determined, inter alia, that 12 NYCRR 23-1.28 (b) establishes only a general safety standard. That regulation requires that wheels of hand-propelled vehicles shall be "well secured" to the frames of the vehicles. In Ross v Curtis-Palmer Hydro-Elec. Co. (81 N.Y.2d 494...

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