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KEATING v. COOKINGHAM

223 A.D.2d 997 (1996)

636 N.Y.S.2d 903

Lawrence D. Keating et al., Appellants, v. James Cookingham et al., Defendants and Third-Party Plaintiffs-Respondents. City of Poughkeepsie, Third-Party Defendant-Respondent

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

January 25, 1996

Casey, J.

Plaintiff Lawrence D. Keating was a laborer working the back of a garbage truck for third-party defendant when he injured his back emptying one of two 20-gallon plastic garbage cans. Each uncovered can contained what Keating described as wet construction debris and weighed 80 to 90 pounds. It had rained during the night. Plaintiffs commenced this action against defendants, the owners of the residence...

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