LOBELLO v. BFI WASTE SYSTEMS OF NORTH AMERICA, INC.


35 A.D.3d 1177 (2006)

825 N.Y.S.2d 877

KATHLEEN LOBELLO et al., Appellants, v. BFI WASTE SYSTEMS OF NORTH AMERICA, INC., Respondent.

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

Decided December 22, 2006.


It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Plaintiffs commenced this action to recover damages for injuries they sustained during the course of their employment while they were loading trash into a dumpster supplied to their employer by defendant. Supreme Court properly granted defendant's motion for summary judgment dismissing the complaint. With respect to the negligence...

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