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KAMPFF v. ULSTER SANITATION, INC.

280 A.D.2d 797 (2001)

720 N.Y.S.2d 288

SHIRLEY KAMPFF et al., Respondents, v. ULSTER SANITATION, INC., Appellant.

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

Decided February 8, 2001.

Cardona, P. J.

While working at a restaurant on January 30, 1995, plaintiff Shirley Kampff (hereinafter plaintiff) was injured while depositing trash in a dumpster owned by defendant. As she approached the dumpster, the lid thereof was in an upright position and apparently not fastened in any manner. Plaintiff tossed a bag of garbage into the dumpster and the lid came down striking her elbow. Thereafter, she and her husband, derivatively, commenced this action alleging...

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