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  5. 129 A.D.2d 619 (1987)
 

PICCIOTTO v. COLL.

129 A.D.2d 619 (1987)

Carmine Picciotto et al., Appellants, v. Molloy College, Defendant and Third-Party Plaintiff-Respondent. Dominick Milone, Inc., Third-Party Defendant-Respondent

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

April 13, 1987

Ordered that the judgment is affirmed, with one bill of payable costs by the plaintiffs.

This suit arose out of an alleged accident wherein the plaintiff, Carmine Picciotto, a worker employed by the third-party defendant, fell from a scaffold while employed on the premises owned by the defendant. At trial, Mr. Picciotto alleged that the board on the scaffold upon which he was standing fell off of the framework because it was one foot

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