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FOSTER v. DAVID J. JOSEPH CO.

216 A.D.2d 944 (1995)

629 N.Y.S.2d 149

Ronald Foster, Appellant, v. David J. Joseph Company, Respondent

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

June 9, 1995

Order unanimously affirmed without costs.

Memorandum:

Plaintiff was injured while repairing and assembling component parts of the cyclone unit of a grinder system used in the recycling of metal scrap. The repair, refurbishing and assembly of such heavy machinery and equipment is part of the customary business of his employer. Thus, "plaintiff was engaged in his `normal occupation' of repairing machinery at a repair...

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