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BARBARITO v. COUNTY OF TOMPKINS

22 A.D.3d 937 (2005)

803 N.Y.S.2d 208

NICHOLAS BARBARITO et al., Respondents, v. COUNTY OF TOMPKINS et al., Appellants.

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

October 20, 2005.

Mercure, J.

In January 2003, plaintiff Nicholas Barbarito (hereinafter plaintiff), an employee of Overhead Door of Cortland, Inc., was injured while removing links from a loose chain on an overhead garage door at a garage operated by defendant Tompkins County Highway Department and located on property owned by defendant County of Tompkins. Thereafter, plaintiffs commenced this action asserting causes of action based on negligence and Labor Law §§ 200, 240...

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