GIST v. CENT. SCH. DIST. NO. 1 OF TOWNS OF ELMA, MARILLA, WALES, LANCASTER & AURORA, ERIE COUNTY, &, BENNINGTON, WYOMING COUNTY


234 A.D.2d 976 (1996)

651 N.Y.S.2d 818

Mark Gist, Respondent, v. Central School District No. 1 of Towns of Elma, Marilla, Wales, Lancaster and Aurora, Erie County, and, Bennington, Wyoming County, Appellant

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

December 30, 1996


Order unanimously reversed on the law without costs, motion granted and complaint dismissed.

Memorandum:

Plaintiff was a laborer employed by a contractor hired by defendant to replace a roof at one of defendant's school buildings. He was injured while carrying a pail of hot tar across an area of the new roof where two-ply felt paper and a water sealant known as "Karnac" or "Zooky" had been applied when he "skidded...

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