WIDRIG v. ALLTEL NEW YORK, INC.


281 A.D.2d 967 (2001)

722 N.Y.S.2d 662

RONALD B. WIDRIG et al., Respondents, v. ALLTEL NEW YORK, INC., Appellant. (Action No. 1.) RONALD B. WIDRIG et al., Plaintiffs, v. NICK LABARBERA, as Executor of ROSEANNE G. LABARBERA, Deceased, and Trustee of the Living Trust of ROSEANNE G. LABARBERA, Deceased, Defendant and Third-Party Plaintiff-Respondent. ALLTELL NEW YORK, INC., Third-Party Defendant-Appellant, et al., Third-Party Defendant. (Action No. 2.)

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

Decided March 21, 2001.


Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Plaintiffs commenced this common-law negligence and Labor Law action after the limb of a tree that Ronald B. Widrig (plaintiff) was attempting to remove fell on his left hand. Plaintiff's employer was hired to trim and remove trees in preparation for the placement of new utility poles along a road. As the new...

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