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ALBANESE v. R.C. BILLINGS, INC.

267 A.D.2d 866 (1999)

699 N.Y.S.2d 826

FRANCIS R. ALBANESE et al., Appellants, v. R.C. BILLINGS, INC., Respondent.

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

Decided December 23, 1999.

Yesawich Jr., J.

Plaintiff Francis R. Albanese (hereinafter plaintiff) was a supervisor for Kimble, Inc., a subcontractor hired by the general contractor to remove old cooling towers (hereinafter chillers) and install new ones at a job site in the Village of Gang Mills, Steuben County. Defendant, also a subcontractor, was engaged to perform excavation and foundation work. During disassembly and removal of one of the chillers, defendant provided a hydraulic excavator...

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