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DONAHO v. H.R.F. CONSTR., INC.

196 A.D.2d 805 (1993)

601 N.Y.S.2d 955

Don Donaho, Plaintiff, v. H.R.F. Construction, Inc., Defendant and Third-Party Plaintiff-Respondent. Jem Erectors, Inc., et al., Third-Party Defendants; Leson Construction Corp., Fourth-Party Plaintiff-Respondent; Greenfield Bricks, Fourth-Party Defendant-Appellant; Glen Gery Corp., Fourth-Party Defendant-Respondent

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

September 13, 1993

Ordered that the order is affirmed insofar as appealed from, with one bill of costs.

The plaintiff was injured when some bricks fell on him from a stack of bricks at a construction site. We reject the fourth and fifth-party defendant's contention that it had no duty to inspect the bricks or the stack it sold to the purchaser simply because the merchandise was shipped directly from the manufacturer to the construction site (see, Buley v Rexnord Process Mach...

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