WETTER v. NORTHVILLE INDUSTRIES CORP.

2019-04154. Index No. 61277/13.

185 A.D.3d 874 (2020)

127 N.Y.S.3d 521

2020 NY Slip Op 03946

Robert Wetter et al., Appellants, v. Northville Industries Corp. et al., Respondents.

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

Decided July 15, 2020.


Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff John Wetter (hereinafter the injured plaintiff), an employee of nonparty Hallen Construction, allegedly was injured while setting up a detour approximately 1,500 feet from the defendants' excavation site when he jumped off a truck's flatbed to set up a traffic sign and landed in a roadside ditch. The defendants, who own, maintain, and...

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