FAZZONE v. GOURLAY


1 A.D.3d 678 (2003)

766 N.Y.S.2d 621

EDWARD FAZZONE, JR. et al., Appellants, v. GEORGE G. GOURLAY, Doing Business as GEORGE GOURLAY PLUMBING & HEATING, Respondent.

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

November 6, 2003.


Crew III, J.

Defendant was hired to repair the water service at a home located on Columbia Street in the City of Schenectady, Schenectady County. In order to effect that repair, defendant dug a trench in the parking lane of Columbia Street. The trench was approximately four feet in width and extended 7½ feet into the street. At the end of the workday, defendant covered the trench with two three-quarter-inch sheets of plywood, fastened an orange plastic barrel...

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