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GASTON v. GREAT NECK UNION FREE SCH. DIST.

204 A.D.2d 683 (1994)

612 N.Y.S.2d 438

Luis Gaston, Respondent, v. Great Neck Union Free School District, Defendant and Third-Party Plaintiff-Respondent. Bay Welding, Inc., Third-Party Defendant-Appellant

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

May 31, 1994

Ordered that the order is reversed, on the law, with costs, and the motion for summary judgment is denied.

On October 29, 1990, the plaintiff Luis Gaston was injured while in the employ of the third-party defendant, Bay Welding, Inc., and while working on a boiler in the basement of the Saddle Rock Elementary School. The school was owned and operated by the defendant third-party plaintiff Great Neck Union Free School District. The plaintiff commenced a negligence...

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