Ferguson v. Callanan Industries, Inc.

Appeal from an order of the Supreme Court (Hughes, J.), entered April 6, 1995 in Albany County, which granted defendant’s motion for summary judgment dismissing the complaint.

On November 30, 1992, plaintiff Eric Ferguson (hereinafter plaintiff) and his supervisor drove a dump truck to defendant’s facility in order to pick up a load of asphalt for their employer, the Town of Colonie. On that particular day, defendant’s "spray station”, which permitted workers to spray a solution of soapy water into the truck box from an elevated platform, was not working. Accordingly, plaintiff’s supervisor…