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ST. LOUIS v. TOWN OF N. ELBA

No. 45.

16 N.Y.3d 411 (2011)

RYAN P. ST. LOUIS, Respondent, v. TOWN OF NORTH ELBA et al., Appellants.

Court of Appeals of New York.

Decided March 31, 2011.

Attorney(s) appearing for the Case

Roemer Wallens Gold & Mineaux, LLP, Albany ( Matthew J. Kelly of counsel), for appellants.

Pennock, Breedlove & Noll, LLP, Clifton Park ( Sarah I. Goldman of counsel), for respondent.

Judges CIPARICK, PIGOTT and JONES concur with Chief Judge LIPPMAN; Judge SMITH dissents and votes to reverse in a separate opinion in which Judges GRAFFEO and READ concur.

OPINION OF THE COURT

Chief Judge LIPPMAN.

Plaintiff Ryan St. Louis was injured while employed as a maintenance worker at the MacKenzie-Intervale Olympic Jumping Complex in Lake Placid. At the time of his injury, St. Louis was assisting a work crew that was constructing a drainage pipeline by welding together and laying 20-foot sections of snow-making pipe. The crew utilized a hydraulic-operated clamshell...

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