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SAMUEL v. A.T.P. DEVELOPMENT CORP.

276 A.D.2d 685 (2000)

714 N.Y.S.2d 729

JOSEPH SAMUEL et al., Appellants, v. A.T.P. DEVELOPMENT CORP. et al., Respondents, et al., Defendant. (And a Third-Party Action.)

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

Decided October 23, 2000.

Ordered that the order is affirmed, with costs.

The plaintiff Joseph Samuel was attempting to drive a bulldozer up two adjacent steel ramps onto a trailer when the bulldozer allegedly slipped to the left, causing him to fall out onto the ground. The defendant A.T.P. Development Corp. (hereinafter ATP) was the general contractor at the construction site, and the defendant Totten Village Associates (hereinafter Totten) owned...

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