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TUCCIARONE v. SYRACUSE UNIV.

125 A.D.2d 929 (1986)

John Tucciarone et al., Plaintiffs, v. Syracuse University, Defendant and Third-Party Plaintiff-Appellant. M.V. Woods Construction Company, Inc., Third-Party Defendant and Fourth-Party Defendant-Respondent; Raulli & Sons, Inc., Fourth-Party Defendant-Respondent. (Appeal No. 1.)

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

December 19, 1986

Order unanimously affirmed, with costs.

Memorandum:

Although we affirm, we note that the court erred in concluding that the contract work was limited to the elevator shaft. This error does not affect the result, however, because it is clear that no contract work was to be performed in the machinery room, which was the situs of...

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