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FAIRCHILD, JR. v. SERVIDONE CONSTRUCTION CORPORATION

288 A.D.2d 665 (2001)

733 N.Y.S.2d 735

LESTER FAIRCHILD, JR., et al., Appellants, v. SERVIDONE CONSTRUCTION CORPORATION et al., Respondents. (Action No. 1.) LESTER FAIRCHILD, JR., et al., Appellants, v. CONSTRUCTION EQUIPMENT COMPANY et al., Defendants, and A. SERVIDONE, INC., et al., Respondents. (Action No. 2.) (And a Third-Party Action.)

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

Decided November 15, 2001.

Lahtinen, J.

Plaintiff Lester Fairchild, Jr. (hereinafter plaintiff) was injured when he fell from a ladder affixed to a rock-crushing machine during the course of his employment for third-party defendant, K.C. Canary-Clifton Park, Inc. Plaintiff, a heavy equipment mechanic, was directed by his employer to make a warranty service call to repair a "fairly new" rock-crushing machine located at a construction site. Plaintiff...

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