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DAVISON v. WIGGAND

259 A.D.2d 799 (1999)

686 N.Y.S.2d 181

MARTIN A. DAVISON et al., Respondents, v. DONALD C. WIGGAND et al., Defendants, and COUNTRY SQUIRE ASSOCIATES, Appellant.

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

Decided March 4, 1999.

Mercure, J.

Plaintiffs commenced this negligence action to recover for injuries sustained by plaintiff Martin A. Davison (hereinafter plaintiff) in connection with his employment at a retail store operated by K-Mart Corporation in the Town Squire Shopping Plaza in the Town of Glenmont, Albany County. It is undisputed that the injuries were sustained when plaintiff was working in a 15-foot-high storage loft and struck his head on one or more metal pipes that protruded...

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