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SMITH v. LONE STAR INDUSTRIES, INC.

1 A.D.3d 860 (2003)

769 N.Y.S.2d 62

EDWARD M. SMITH, JR., Appellant-Respondent, v. LONE STAR INDUSTRIES, INC., et al., Respondents-Appellants, and THOMAS J. FEENEY ENTERPRISES, INC., Respondent.

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

November 26, 2003.

Spain, J.

Plaintiff commenced this action to recover for injuries allegedly sustained while employed as a "trimmer" on a barge owned by defendants Lone Star Industries, Inc. and/or its subsidiaries (hereinafter the Lone Star defendants). The Lone Star defendants utilize approximately 100 barges to transport crushed limestone from a quarry located on the eastern shore of the Hudson River. Plaintiff was injured on October 22, 1996 when he fell on loose stone while traversing...

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