Seelinger v. Town of Middletown
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtEgan Jr., J.
Appeal from, an order of the Supreme Court (Reynolds Fitzgerald, J.), entered September 9, 2009 in Delaware County, which, among other things, granted defendant’s motion for summary judgment dismissing the complaint.
Desiring to dispose of three old wall heaters, each of which weighed several hundred pounds, plaintiff Charles Seelinger (hereinafter plaintiff) and a friend loaded them into a pickup truck and drove to defendant’s waste transfer station where they were directed by an employee to place them in a dumpster, which sat in a below-grade pit. After backing up to a short curb-like…
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