URBANO v. PLAZA MATERIALS CORPORATION


262 A.D.2d 307 (1999)

692 N.Y.S.2d 86

MARIANNA URBANO et al., Appellants, v. PLAZA MATERIALS CORPORATION, Respondent, et al., Defendants.

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

Decided June 1, 1999.


Ordered that the order is affirmed, with costs.

The decedent, employed as a "batcher" for a company that produced asphalt, was found dead at the bottom of an asphalt bin into which he had apparently fallen. It is alleged by the plaintiffs that the decedent was repairing a latch on the bin doors at the time of the accident because the bin doors were not opening; the respondent contends that the decedent was doing a routine inspection of the bin doors to ensure that...

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