FARRELL v. DICK ENTERS., INC.


227 A.D.2d 956 (1996)

643 N.Y.S.2d 852

Dana Farrell et al., Respondents, v. Dick Enterprises, Inc., Appellant and Third-Party Plaintiff. Cyclone Fence, Third-Party Defendant-Appellant

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

May 31, 1996


Order insofar as appealed from unanimously reversed on the law without costs, motions granted, complaint dismissed and cross motion denied.

Memorandum:

Dana Farrell (plaintiff) was injured when he stepped into a hole in the ground that had been dug during the installation of a security fence at the Mid-State Correctional Facility. At the time, plaintiff was escorting a vehicle onto a construction site in the performance of his duties as a correction officer...

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