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COVEY v. IROQUOIS GAS SYS.

218 A.D.2d 197 (1996)

637 N.Y.S.2d 992

Richard Covey, Respondent, v. Iroquois Gas Transmission System, L. P., et al., Appellants

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

February 29, 1996

Attorney(s) appearing for the Case

Carter, Conboy, Case, Blackmore, Napierski & Maloney, P. C., Albany (William J. Greagan of counsel), for appellants.

Rowley, Forrest, O'Donnell, Beaumont & Pelersi, P. C., Albany (David P. Miranda, Brian J. O'Donnell and Richard W. Bader of counsel), for respondent.

MERCURE, J. P., and YESAWICH JR., J., concur with CASEY, J.; CREW III and WHITE, JJ., dissent, each in a separate opinion.

CASEY, J.

Plaintiff was injured during the course of his employment with a contractor engaged by defendants to construct a pipeline. The injury occurred after plaintiff, who was responsible for lubrication and fluid maintenance on heavy equipment used on the pipeline project, received a call that a large backhoe used to dig the pipeline ditch was being repaired and needed hydraulic fluid. The backhoe was located...

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