Ordered that the order is affirmed insofar as appealed from, with one bill of costs to the plaintiff-respondent.
On April 28, 1994, the plaintiff Charles Haden, a forklift operator for the Town of Oyster Bay (hereinafter the Town), was injured when he was thrown from the forklift he was operating as it tipped into a hole in the pavement at the Town's Waste Disposal Plant. Approximately two years before the incident, the Town had employed the defendant Cashin Associates...
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