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RAPP v. ZANDRI CONSTR. CORP.

165 A.D.2d 639 (1991)

David C. Rapp, Respondent, v. Zandri Construction Corporation et al., Defendants and Third-Party Plaintiffs-Appellants-Respondents. Paul Vorgang et al., Third-Party Defendants-Respondents-Appellants, et al., Third-Party Defendants

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

May 9, 1991

Attorney(s) appearing for the Case

Francis E. Lehner (Kevin P. Fouhy of counsel), for Zandri Construction Corporation, defendant and third-party plaintiff-appellant-respondent.

Roemer & Featherstonhaugh, P. C. (Nancy Bergman, Melissa J. Smallacombe and Michael J. Kohn of counsel), for Gael Coakley and another, defendants and third-party plaintiffs-appellants-respondents.

Bohl, Clayton, Komar & Della Rocca, P. C. (Kathryn Barber and Charles A. Bohl of counsel), for third-party defendants-respondents-appellants.

Pentak, Brown, & Tobin (Sheri T. Murphy and Thomas W. Brown of counsel), for respondent.

WEISS, J. P., MIKOLL, YESAWICH JR., and LEVINE, JJ., concur.

MERCURE, J.

Plaintiff, a carpenter's helper employed by third-party defendants Paul Vorgang and Paul W. Vorgang General Contracting (hereinafter collectively referred to as Vorgang), was injured in September 1985 when a pneumatic staple gun operated by a co-worker, third-party defendant Mark Suitto, was discharged, sending a staple into plaintiff's right eye. The accident occurred at a construction site owned...

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