CRESTER v. KELLY LUMBER CO., INC.


162 A.D.2d 928 (1990)

Alan R. Crester, Respondent, v. Kelly Lumber Company, Inc., et al., Defendants, and Santos Construction Corporation, Appellant. (And Two Third-Party Actions.)

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

June 28, 1990


Levine, J.

This personal injury action arises out of a construction site accident which occurred as plaintiff and other workers were in the process of securing roof trusses to the tops of the walls of the building under construction. Defendant Santos Construction Corporation (hereinafter Santos) was in charge of operating the crane used to lift each truss up to the top of the outer walls.

Plaintiff alleges that just prior to the accident, a "toe...

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