BUTLER SR. v. COUNTY OF CHAUTAUQUA


261 A.D.2d 855 (1999)

689 N.Y.S.2d 577

WENDELL K. BUTLER, SR., Respondent, v. COUNTY OF CHAUTAUQUA, Appellant, et al., Defendant.

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

Decided May 7, 1999.


Order unanimously affirmed without costs.

Memorandum:

Supreme Court properly denied the motion of defendant County of Chautauqua (County) for summary judgment dismissing the complaint against it. Plaintiff, an employee of third-party defendant, Holmes and Murphy, Inc., was working on repaving a County highway when his foot was run over by his employer's roller. Plaintiff testified at his deposition that his attention was distracted from the roller because...

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