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LACLAIR v. SHELLY ELEC.

264 A.D.2d 55 (2000)

705 N.Y.S.2d 106

DAVID LACLAIR et al., Appellants, v. SHELLY ELECTRIC, INC., Respondent. (And a Third-Party Action). (Action No. 1.) DAVID LACLAIR et al., Appellants, v. CHESTER G. BISNETT, Respondent. (Action No. 2.)

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

March 16, 2000.

Attorney(s) appearing for the Case

Fischer, Bessette & Muldowney, L. L. P., Malone (James P. Bessette of counsel), for appellants.

Coulter, Fraser, Bolton, Bird & Ventre, Syracuse (P. David Twichell of counsel), for Shelly Electric, Inc., respondent.

Hancock & Estabrook, Syracuse (Janet D. Callahan of counsel), for Chester G. Bisnett, respondent.

CREW III, PETERS, SPAIN and MUGGLIN, JJ., concur.

OPINION OF THE COURT

MERCURE, J. P.

In December 1993, Waste Stream Management, Inc. (hereinafter WSM) operated a waste management facility on property in the Village of Potsdam, St. Lawrence County, that it leased from defendant Chester G. Bisnett. Plaintiff David LaClair (hereinafter plaintiff) was employed by WSM as a truck driver. WSM's office building fronted on a macadam parking area, and a truck scale (used to weigh trucks hauling waste to the facility...

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