BUTERA v. SCHAEFER


251 A.D.2d 976 (1998)

674 N.Y.S.2d 249

Ronald L. Butera, Appellant, v. William Schaefer, Individually and Doing Business as Schaefer's Recycling Center and Schaefer's Genesee Sand and Gravel, et al., Respondents

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

June 10, 1998


Order unanimously reversed on the law with costs, motion denied and complaint reinstated.

Memorandum:

In 1993, defendants entered into a contract with the United States Postal Service to provide, on a continuous basis, a 45-foot trailer, to be filled with corrugated cardboard by the United States Postal Service. When a trailer became full, defendants hauled it away and replaced it with an empty one. On October 20, 1993, plaintiff, an employee of the United...

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