FARRELL v. BLUE CIRCLE CEMENT, INC.


13 A.D.3d 1178 (2004)

787 N.Y.S.2d 773

DANIEL FARRELL, Respondent-Appellant, v. BLUE CIRCLE CEMENT, INC., Appellant-Respondent.

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

December 30, 2004.


It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by granting the motion in its entirety and dismissing the complaint and as modified the order is affirmed without costs.

Memorandum:

Plaintiff was an employee of a company that contracted to fabricate and attach metal guards to the blower unit of a cement powder silo conveyor owned by defendant. Plaintiff was injured when, while gathering and coiling...

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