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LEE v. ARNAN DEVELOPMENT CORPORATION

509347.

77 A.D.3d 1261 (2010)

909 N.Y.S.2d 826

ANTHONY LEE et al., Respondents, v. ARNAN DEVELOPMENT CORPORATION, Doing Business as ONEONTA BLOCK COMPANY, Appellant.

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

Decided October 28, 2010.

CARDONA, P.J.

Plaintiff Anthony Lee (hereinafter plaintiff) was hired by Otsego Ready Mix (hereinafter the employer) as a cement truck operator. He asserts that on August 4, 2006, following a delivery to Oneonta Block Company, he began to clean out the truck's chutes in the area where he had previously been directed to do so after completing deliveries to Oneonta. Plaintiff noted that the ground in this area was soft, with quantities of fresh, loose dirt and nonuniform...

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