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FRANZ v. DREGALLA

94 A.D.2d 963 (1983)

Robert S. Franz, Respondent, v. Edward Dregalla et al., Defendants and Third-Party Plaintiffs-Appellants; John Crisafulli & Sons, Inc., Third-Party Defendant-Appellant

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

May 25, 1983

Order unanimously affirmed, with costs.

Memorandum:

Plaintiff, injured from a fall through an unprotected hole in a roof during the construction of a one-family dwelling on July 18, 1979, is entitled to the application of the law as it existed as of the time of the injury. Plaintiff's fall was clearly caused by the fact that he had been provided no safety device "which shall be so constructed, placed and operated...

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