LOWE v. KINN


199 A.D.2d 743 (1993)

605 N.Y.S.2d 439

Timothy Lowe, Appellant, v. Brian Kinn, Defendant and Third-Party Plaintiff-Respondent. Modern Metal Fabricators, Inc., Third-Party Defendant-Respondent

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

December 16, 1993


Cardona, J.

Plaintiff commenced this action to recover for injuries sustained when he was struck in the left eye by a tennis ball thrown by defendant and third-party plaintiff (hereinafter defendant), plaintiff's co-worker, while working on the premises and in the employ of third-party defendant. Prior to commencing this action, plaintiff accepted workers' compensation benefits for his injuries. Following discovery...

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