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CLUTE v. ELLIS HOSP.

184 A.D.2d 942 (1992)

Robert E. Clute, Respondent, v. Ellis Hospital, Defendant and Third-Party Plaintiff. New York Cellular Geographic Service Area, Inc., Third-Party Defendant, and Reimherr and Schmidt, Inc., Third-Party Defendant-Appellant. (Action No. 1.) Robert E. Clute, Respondent, v. Nynex Mobile Technical Services Company et al., Respondents. (Action No. 2.) Robert E. Clute, Respondent, v. New York Cellular Geographic Service Area, Inc., Defendant. (Action No. 3.)

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

June 18, 1992

Mikoll, J. P.

This matter stems from a serious injury sustained by plaintiff, a mason, as a result of a fall from the corrugated metal sheeting on which he was standing while spreading cement over the roof of a mobile communications facility, which was some nine feet above the floor of the elevator machine room in which it was being built. Plaintiff contends that he is entitled to the protection of Labor Law...

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