WOLFE v. IRVING TISSUE, INC.

513815.

95 A.D.3d 1628 (2012)

945 N.Y.S.2d 477

2012 NY Slip Op 4259

MALCOLM WOLFE et al., Plaintiffs, v. IRVING TISSUE, INC., Doing Business as IRVING TISSUE, Defendant, and Third-Party Plaintiff-Respondent. NORTH COUNTRY JANITORIAL, INC., et al., Third-Party Defendants-Appellants.

Appellate Division of the Supreme Court of New York, Third Department.

Decided May 31, 2012.


SPAIN, J.

In 1999, in the course of his employment for a nonparty subcontractor, plaintiff Malcolm Wolfe slipped on construction debris and fell down a flight of stairs at defendant Irving Tissue, Inc.'s mill in the Town of Fort Edward, Washington County. Thereafter, plaintiffs commenced this negligence action against Irving1 seeking damages for injuries allegedly sustained in the fall. Irving then commenced a third-party action for contribution...

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