Keating v. Cookingham

Appeal (transferred to this Court by order of the Appellate Division, Second Department) from an order of the Supreme Court (Jiudice, J.), entered August 18, 1995 in Dutchess County, which, upon reconsideration, adhered to its prior decision, inter alia, granting the mo*998tion of defendants for summary judgment dismissing the complaint.

Plaintiff Lawrence D. Keating was a laborer working the back of a garbage truck for third-party defendant when he injured his back emptying one of two 20-gallon plastic garbage cans. Each uncovered can contained what Keating described as wet construction debris…