Lee v. Arnan Development Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtCardona, P.J.
Appeal from an order of Supreme Court (Coccoma, J.), entered July 27, 2009 in Otsego County, which denied defendant’s motion for summary judgment dismissing the complaint.
Plaintiff Anthony Lee (hereinafter plaintiff) was hired by Otsego Ready Mix (hereinafter the employer) as a cement truck operator. He asserts that on August 4, 2006, following a delivery to Oneonta Block Company, he began to clean out the truck’s chutes in the area where he had previously been directed to do so after completing deliveries to Oneonta. Plaintiff noted that the ground in this area was soft, with quantities of…
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