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COVEY v. IROQUOIS GAS TRANSMISSION SYS.

89 N.Y.2d 952 (1997)

678 N.E.2d 466

655 N.Y.S.2d 854

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

Court of Appeals of the State of New York.

Decided February 6, 1997.

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 and Brian J. O'Donnell of counsel), for respondent.

Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE, CIPARICK and WESLEY concur in memorandum; Judge TITONE taking no part.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs, and the certified question answered in the negative.

Plaintiff commenced this action pursuant to Labor Law § 240 (1) to recover damages for personal injuries he sustained when he fell approximately 20 feet from a backhoe into a trench during the course of his employment with a contractor engaged by defendants to construct a pipeline...

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