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COLUMBUS v. SMITH

259 A.D.2d 857 (1999)

686 N.Y.S.2d 235

ROBERT COLUMBUS et al., Respondents, v. SMITH & MAHONEY, P. C., Appellant, et al., Defendant. (And a Third-Party Action.)

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

Decided March 11, 1999.

Cardona, P. J.

While employed by the City of Albany, plaintiff Robert Columbus (hereinafter plaintiff) was injured when he fell approximately 12 feet from the top of a salt spreader which weighed approximately 2,100 pounds. The accident occurred when plaintiff was attempting to store the spreader on wooden hangers suspended from the ceiling of the City garage. The storage system, which was designed by defendant Smith & Mahoney, P. C. (hereinafter Smith) and constructed...

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