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WEBBER v. CITY OF DUNKIRK

226 A.D.2d 1050 (1996)

641 N.Y.S.2d 927

Frederick Webber et al., Respondents-Appellants, v. City of Dunkirk, Appellant-Respondent. (Appeal No. 1.)

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

April 19, 1996

Order affirmed without costs.

Memorandum:

Frederick Webber (plaintiff) was injured as he stood in front of a backhoe raking blacktop. The engine of the backhoe was running, and the operator was inside. The bucket of the backhoe was off the ground. As plaintiff was raking with his back to the backhoe, it moved forward, and one of its treads struck him on the back of his right leg. Plaintiff testified at his deposition that he did not know what had caused the...

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