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BROWN v. REINAUER TRANSP.

504919.

67 A.D.3d 106 (2009)

886 N.Y.S.2d 769

2009 NY Slip Op 06390

GEORGE BROWN et al., Respondents, v. REINAUER TRANSPORTATION COMPANIES, LLC, et al., Appellants.

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

Decided September 10, 2009.

Attorney(s) appearing for the Case

Kenny, Stearns & Zonghetti, L.L.C., New York City (Joseph T. Stearns of counsel), for appellants.

Larkin, Axelrod, Ingrassia & Tetenbaum, L.L.P., Newburgh (James Alexander Burke of counsel), for respondents.

ROSE, KANE and GARRY, JJ., concur.

OPINION OF THE COURT

MERCURE, J.P.

In July 2003, plaintiff George Brown (hereinafter plaintiff) was injured, allegedly as a result of a fall from a ladder on a barge owned and operated by defendants, his employers. Plaintiff asserted that he fell 8 to 10 feet to the deck of the barge when an antenna pole that he was using as a handrail broke. At the time, plaintiff was attempting to descend from the barge's deckhouse...

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