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TATE v. CLANCY-CULLEN STOR.

171 A.D.2d 292 (1991)

Harold Tate et al., Respondents, v. Clancy-Cullen Storage Co., Inc., Sued Herein as Clancy & Cullen Storage Co., Inc., Defendant and Third-Party Plaintiff-Appellant. AFA Protective Systems, Inc., Third-Party Defendant-Appellant

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

November 7, 1991

Attorney(s) appearing for the Case

Olivia M. Gross of counsel (Robert A. Fitch, William R. Pirk, Jr. and Arnold Stream on the brief; Neuman Schlau Fitch Burns & Lane, P. C., attorneys), for defendant/third-party plaintiff-appellant.

Joseph T. Pareres of counsel (Fisher, Fallon, Salerno, Betelsky & Kelly, attorneys), for third-party defendant-appellant.

Scott N. Singer of counsel (Sacks & Sacks, attorneys), for respondents.

SULLIVAN, J. P., MILONAS, ROSS and SMITH, JJ., concur.

ASCH, J.

Plaintiff, Harold Tate, while working for third-party defendant AFA Protective Systems, Inc. (AFA), in a warehouse leased by defendant Clancy-Cullen Storage Co., fell from a ladder and sustained serious injuries.

Plaintiff was installing tubing over an exposed beam together with two helpers as part of the installation of a fire alarm system. He was...

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