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STARK v. SQUARE

198 A.D.2d 583 (1993)

603 N.Y.S.2d 347

James E. Stark et al., Respondents, v. Rotterdam Square, Defendant and Third-Party Plaintiff-Appellant-Respondent, and Wilmorite, Inc., Respondent, and McCreary Metals, Inc., Defendant and Third-Party Plaintiff-Appellant. Monahan & Loughlin, Inc., et al., Third-Party Defendants-Appellants

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

November 4, 1993

Mikoll, J.

This case stems from serious injuries and paralysis sustained by plaintiff James E. Stark (hereinafter plaintiff), an employee of third-party defendant Monahan & Loughlin, Inc., a roofing company. Stark arrived at the Rotterdam Mall in the Town of Rotterdam, Schenectady County, owned by defendant Rotterdam Square (hereinafter Rotterdam), on February 28, 1989, together with his co-worker Michael Nevins. They were to penetrate the mall roof...

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