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SUWAREH v. STATE

24 A.D.3d 380 (2005)

806 N.Y.S.2d 524

SOURIBA SUWAREH, Respondent, v. STATE OF NEW YORK, Appellant.

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

December 29, 2005.

Claimant was made to haul an open bucket of hot tar up to a roof with a rope. On the way up, the bucket became stuck on a ledge. While trying to free the bucket, claimant lost his balance, and, as he leaned back so as not to fall off the roof, lost control of the bucket, which spilled hot tar onto his feet, burning them. Claimant presented expert testimony that this method of getting hot tar up to a roof is contrary to sound engineering...

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