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BISSELL v. TOWN OF AMHERST

56 A.D.3d 1144 (2008)

867 N.Y.S.2d 582

PETER E. BISSELL et al., Respondents, v. TOWN OF AMHERST, Appellant and Third-Party Plaintiff. McGONIGLE & HILGER ROOFING COMPANY, Third-Party Defendant-Appellant. (Appeal No. 1.)

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

Decided November 14, 2008.

Memorandum:

Plaintiffs commenced this Labor Law and common-law negligence action seeking damages for injuries sustained by Peter E. Bissell (plaintiff) while he was employed by third-party defendant, McGonigle & Hilger Roofing Company (M & H), performing roofing work on property owned by defendant and third-party plaintiff, Town of Amherst (Town). Following a trial on liability in the main action, we affirmed an order denying the motion of the Town to set...

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