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ROSE v. A. SERVIDONE, INC.

268 A.D.2d 516 (2000)

702 N.Y.S.2d 603

ROBERT ROSE et al., Appellants, v. A. SERVIDONE, INC., Defendant and Third-Party Plaintiff-Respondent. ORANGE AND ROCKLAND UTILITIES, Third-Party Defendant-Respondent.

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

Decided January 24, 2000.

Ordered that the order is affirmed, with costs.

On August 21, 1995, the plaintiff Robert Rose was injured while getting off the last step of a truck onto unlevel ground strewn with dirt, pebbles, blacktop, and concrete, while performing his duties as a pole setter for his employer, Orange and Rockland Utilities (hereinafter Orange and Rockland). Rose and his wife Lenora, derivatively, brought this action to recover damages for personal injuries against A. Servidone...

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