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FOOTE v. LYONSDALE ENERGY LIMITED PARTNERSHIP

23 A.D.3d 924 (2005)

805 N.Y.S.2d 163

GLENN A. FOOTE, JR., et al., Appellants-Respondents, v. LYONSDALE ENERGY LIMITED PARTNERSHIP et al., Respondents-Appellants, and AMERICAN BIN & CONVEYOR et al., Respondents, et al., Defendants. (And a Third-Party Action.)

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

November 23, 2005.

Cardona, P.J.

On March 8, 1996, plaintiff Glenn A. Foote, Jr. (hereinafter plaintiff) was working on an elevated wood chip stacker at the Lyonsdale Cogeneration Facility in the Town of Lyonsdale, Lewis County, when the stacker partially collapsed, causing plaintiff to sustain injuries. Plaintiff was an employee of third-party defendant, Prime South, Inc., who had contracted with the owners of the facility, defendants Lyonsdale Energy Limited Partnership and Moose...

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