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LESSARD v. NIAGARA MOHAWK POWER CORPORATION

277 A.D.2d 941 (2000)

715 N.Y.S.2d 816

DONALD G. LESSARD, Appellant, v. NIAGARA MOHAWK POWER CORPORATION, Respondent, et al., Defendant. CATERPILLAR, INC., Third-Party Plaintiff, v. TUSCARORA CONSTRUCTION CO., INC., et al., Third-Party Defendants-Respondents.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided November 13, 2000.

Order unanimously affirmed without costs.

Memorandum:

Plaintiff, a track loader operator employed by third-party defendant, Tuscarora Construction Co., Inc. (Tuscarora), the general contractor on a construction project at a site owned by defendant-third-party defendant, Niagara Mohawk Power Corporation (Niagara Mohawk), was injured when he stepped from the cab of the front end loader that he was operating onto the tracks of the loader, in order to latch the...

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