Legal Opinion
Webber v. City of Dunkirk
Appellate Division of the Supreme Court of the State of New York
Decided April 19, 1996No. Appeal No. 1PublishedCited by 17 opinions
1Opinion of the Court
Order affirmed without costs. Memorandum: Frederick Webber (plaintiff) was injured as he stood in front of a backhoe raking blacktop. The engine of the backhoe was running, and the operator was inside. The bucket of the backhoe was off the ground. As plaintiff was raking with his back to the backhoe, it moved forward, and one of its treads struck him on the back of his right leg. Plaintiff testified at his deposition that he did not know what had caused the backhoe to move forward. There is no affidavit or deposition testimony from the backhoe operator in the record.
*1051Supreme Court properly…
2Cases cited2 opinions
- Ross v. Curtis-Palmer Hydro-Electric Co.New York Court of Appeals · 1993
- Zacher v. Niagara Frontier Services, Inc.Appellate Division of the Supreme Court of the State of New York · 1994
3Cited by17 opinions
- Tillman v. Triou's Custom Homes, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
- Ascencio v. Briarcrest at Macy ManorAppellate Division of the Supreme Court of the State of New York · 2009
- Friot v. Wal-Mart Stores, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
- Piccolo v. St. John's Home for AgingAppellate Division of the Supreme Court of the State of New York · 2004
- Benevento v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 2010
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