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CLARK v. TOWN OF SCRIBA

280 A.D.2d 915 (2001)

721 N.Y.S.2d 194

MICHAEL C. CLARK, Respondent-Appellant, v. TOWN OF SCRIBA et al., Respondents, and LAKELAWN TRANSPORT CORPORATION, Appellant-Respondent. TOWN OF SCRIBA, Third-Party Plaintiff, v. OSWEGO EXCAVATING, INC., Doing Business as J. W. PRITCHARD CONSTRUCTION CO., INC., Third-Party Defendant-Respondent. LAKELAWN TRANSPORT CORPORATION, Third-Party Plaintiff-Appellant, v. HERBERT F. DARLING, INC., Third-Party Defendant-Appellant. (Appeal No. 1.)

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

Decided February 7, 2001.

Appeal from order insofar as it reserved judgment unanimously dismissed and order modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Plaintiff commenced this Labor Law and common-law negligence action seeking damages for personal injuries he sustained when he fell from the back of a truck. Plaintiff was employed by third-party defendant Herbert F. Darling, Inc. (Darling), the general contractor on a marina construction...

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