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MATTHEWS v. TOWN OF MORRISTOWN

286 A.D.2d 535 (2001)

729 N.Y.S.2d 554

JERRY L. MATTHEWS et al., Appellants, v. TOWN OF MORRISTOWN, Defendant and Third-Party Plaintiff-Respondent. TOWN OF OSWEGATCHIE, Third-Party Defendant-Respondent.

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

Decided August 9, 2001.

Lahtinen, J.

Plaintiff Jerry L. Matthews (hereinafter plaintiff), an employee of third-party defendant, Town of Oswegatchie (hereinafter Oswegatchie), was gravely injured when he was run over by a highway grader and shoulder machine owned by defendant and operated by one of its employees during the completion of a road project in and for Oswegatchie. Defendant's employee was working on the project using defendant's machine...

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