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FLANSBURG v. MERRITT MERIDIAN CONSTR. CORP., INC.

191 A.D.2d 756 (1993)

594 N.Y.S.2d 421

Mark Flansburg, Respondent, v. Merritt Meridian Construction Corporation, Inc., Defendant and Third-Party Plaintiff-Appellant-Respondent. John Cukar, Doing Business as I. C. Flat Roof, Third-Party Defendant-Appellant-Respondent, et al., Third-Party Defendant

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

March 4, 1993

Casey, J.

On December 16, 1986, plaintiff and other employees of third-party defendant John Cukar, a roofing contractor, were attempting to pull a tarp across the roof of a building under construction at the Wassaic Developmental Center in Dutchess County to protect it from the elements. Plaintiff was walking backwards when he fell some 20 feet through a 10-foot by 6-foot rectangular opening in the roof that was made to house a vent. Although the vent...

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