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LEON v. PEPPE REALTY CORP.

190 A.D.2d 400 (1993)

Francisco Leon, Respondent, v. J & M Peppe Realty Corp. et al., Respondents-Appellants J & M Peppe Realty Corp., Third-Party Plaintiff-Respondent-Appellant, v. Septet Associates, Third-Party Defendant-Respondent-Appellant, and ESP Construction Co., Third-Party Defendant-Appellant-Respondent Septet Associates, Inc., Second Third-Party Plaintiff-Respondent-Appellant, v. ESP Construction Co., Second Third-Party Defendant-Appellant-Respondent

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

April 20, 1993

Attorney(s) appearing for the Case

Martin S. Rothman of counsel, New York City (Peter R. Cella, Alyne I. Diamond and Eric S. Levine with him on the brief; Duignan & Cella and Seligson, Rothman & Rothman, attorneys), for ESP Construction Co.

Ann K. Kandel of counsel, Woodbury (Joseph W. Conklin, attorney), for J & M Peppe Realty Corp.

Peter E. Finning of counsel, New York City (Langan & Levy, attorneys), for Septet Associates Inc.

Barbara E. Olk of counsel, New York City (Ted Trief with her on the brief; Trief & Olk, attorneys), for respondent.

WALLACH, ROSS and ASCH, JJ., concur.

SULLIVAN, J. P.

On August 4, 1987, plaintiff Francisco Leon, 26 years of age, suffered a partial amputation of the three middle fingers of his left hand while operating a circular saw in a vacant Bronx store owned by defendant and third-party plaintiff J & M Peppe Realty Corp. during the course of his employment with ESP Construction Co., a third-party defendant...

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