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  5. 166 A.D.2d 401 (1990)
 

BRAS v. ATLAS CONSTR. CORP.

166 A.D.2d 401 (1990)

Guilherme Bras, Respondent, v. Atlas Construction Corp., Appellant and Third-Party Plaintiff-Appellant and Second Third-Party Plaintiff-Appellant, and Steven J. Caspi, Doing Business as Caspi Development Corp., Appellant. King Scaffold Erectors, Inc., et al., Third-Party Defendants-Respondents; King Corp., Second Third-Party Defendant-Respondent

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

October 1, 1990

Ordered that the order is affirmed, with one bill of costs.

The plaintiff sustained personal injuries when a plank of a scaffold cracked at a point approximately two feet from its end, causing him to fall some 12 to 15 feet to the floor. While there were no other witnesses to the actual fall, the work-site supervisor employed by the appellant general contractor stated at an examination before trial that he found the plaintiff on the floor, with planks near him.

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