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ROGERS v. C/S ASSOCIATES LIMITED PARTNERSHIP I

273 A.D.2d 523 (2000)

708 N.Y.S.2d 524

BENSON ROGERS, Appellant, v. C/S ASSOCIATES LIMITED PARTNERSHIP I, by TCG-I ASSOCIATES, INC., Defendant and Third-Party Plaintiff-Respondent, and BARRY, BETTE AND LED DUKE, Respondent. BIG V SUPERMARKETS, INC., Third-Party Defendant-Respondent. (And Another Third-Party Action.)

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

Decided June 8, 2000.

Mercure, J.P.

Plaintiff sustained the injuries forming the basis for this Labor Law § 240 action in the course of his employment as a laborer for Augustine Landscaping & Nursery. On May 25, 1994, Augustine was involved in planting trees around the back and sides of a supermarket. Just prior to the accident, plaintiff was positioned approximately six feet off the ground on the cargo bed of a flatbed truck, moving trees into the bucket of a backhoe. Plaintiff...

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