SEELINGER v. TOWN OF MIDDLETOWN

509773.

79 A.D.3d 1227 (2010)

913 N.Y.S.2d 376

CHARLES SEELINGER et al., Appellants, v. TOWN OF MIDDLETOWN, Respondent.

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

Decided December 2, 2010.


EGAN JR., J.

Desiring to dispose of three old wall heaters, each of which weighed several hundred pounds, plaintiff Charles Seelinger (hereinafter plaintiff) and a friend loaded them into a pickup truck and drove to defendant's waste transfer station where they were directed by an employee to place them in a dumpster, which sat in a below-grade pit. After backing up to a short curb-like abutment that surrounded the pit, plaintiff and his friend slid the first heater...

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