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LESZCZYNSKI v. TOWN OF NEVERSINK

514876.

107 A.D.3d 1183 (2013)

968 N.Y.S.2d 204

2013 NY Slip Op 4387

GRZEGORZ LESZCZYNSKI et al., Respondents-Appellants, v. TOWN OF NEVERSINK, Defendant, and IMS SAFETY, INC., Appellant-Respondent.

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

Decided June 13, 2013.

Lahtinen, J.

In December 2007, plaintiff Grzegorz Leszczynski (hereinafter plaintiff) was injured when a frozen conglomerate of number two stone, estimated to be the size of a bowling ball and weighing 40 to 80 pounds, fell on his head while he was standing in a trench where he was working installing sewer pipe. He was employed by Osterhoudt Excavating, Inc., the general contractor, on a project to install a sanitary sewer extension in the Town of Neversink, Sullivan...

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