MORRISON v. CITY OF POUGHKEEPSIE

2009 NY Slip Op 9005

68 A.D.3d 731 (2009)

2009 NY Slip Op 9005

888 N.Y.S.2d 901

WILLIAM C. MORRISON, SR., et al., Appellants, v. CITY OF POUGHKEEPSIE et al., Respondents.

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

Decided December 1, 2009.


Ordered that the order is reversed, on the law, with costs, and the defendants' motion for summary judgment dismissing the complaint is granted.

On May 29, 2004 the injured plaintiff William C. Morrison, Sr., was standing on the open tailgate of a pickup truck and discarding unwanted household items into a pit located at the City of Poughkeepsie Transfer Station (hereinafter the Transfer Station). He allegedly was injured when, in the process of unloading a wooden...

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