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NICHOLS v. DEER RUN INVESTORS

204 A.D.2d 929 (1994)

612 N.Y.S.2d 691

Joel E. Nichols et al., Respondents, v. Deer Run Investors, L.P., et al., Defendants and Third-Party Plaintiffs-Appellants. MCK Building Associates, Inc., Third-Party Defendant-Respondent-Appellant

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

May 26, 1994

Weiss, J.

While framing a wall on the ground floor level of a town-house under construction, plaintiff Joel E. Nichols (hereinafter plaintiff), a carpenter employed by third-party defendant, MCK Building Associates, Inc. (hereinafter MCK), in a development owned by defendant Deer Run Investors, L.P. (hereinafter DRI), fell from a wooden plank placed across a ditch excavated around three sides of the structure and sustained injuries. He commenced this...

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