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FILLS v. MERIT OIL CORPORATION

258 A.D.2d 556 (1999)

685 N.Y.S.2d 472

MARTIN FILLS, Appellant, v. MERIT OIL CORPORATION, Defendant, and 730 EQUITY CORPORATION, Respondent.

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

Decided February 16, 1999.

Ordered that the order is affirmed insofar as appealed from, with costs.

In June 1990 the plaintiff was working on a project to install underground petroleum tanks at a gasoline service station owned by the defendant 730 Equity Corporation (hereinafter 730 Equity). During the course of the project, a fellow employee who was standing on gravel inside an underground tank vault asked the plaintiff to lift a water pump out of the vault. According to his deposition testimony...

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