ROBINSON v. BARONE


48 A.D.3d 1179 (2008)

851 N.Y.S.2d 767

TOMMIE ROBINSON, Respondent, v. ANTHONY C. BARONE, Individually and Doing Business as ANTHONY C. BARONE BUILDERS and Others, et al., Appellants.

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

Decided February 1, 2008.


It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motions are granted and the complaint is dismissed.

Memorandum:

Plaintiff commenced this action seeking damages for injuries he sustained when his leg was pinned between a paving machine and a roller machine (roller) in the course of his work laying blacktop. Plaintiff was standing in front of the paver machine and cleaning his rake when he noticed the...

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