LAROSAE v. AMERICAN PUMPING, INC.

508402.

73 A.D.3d 1270 (2010)

902 N.Y.S.2d 202

MICHAEL LAROSAE, Respondent, v. AMERICAN PUMPING, INC., Defendant, and CHARLES NORMAN, Appellant. (And a Third-Party Action.)

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

Decided May 6, 2010.


Garry, J.

This action arose when plaintiff, an employee of third-party defendant, Windsor Machinery Company, fell about 30 feet into a ravine during the repair and reconstruction of a retaining wall. The wall runs along the bank of the ravine and, for part of its length, along the boundary line between Windsor's property in the Village of Wappingers Falls, Dutchess County and a parcel of commercial and residential property owned by defendant Charles Norman. It provides...

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