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SMITH v. HOVNANIAN CO.

218 A.D.2d 68 (1995)

633 N.Y.S.2d 888

James Smith, Respondent, v. Hovnanian Company, Inc., Defendant and Third-Party Plaintiff. Strober King Building Supply Corporation, Third-Party Defendant-Appellant, et al., Third-Party Defendant

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

November 30, 1995

Attorney(s) appearing for the Case

Smith Mazure Director Wilkins Young Yagerman & Tarallo, P. C., New York City (Corey A. Tavel and J. Jay Young of counsel), for third-party defendant-appellant.

Kaiser, Murray, Collier & Murphy, Ellenville (Franklin Ect, Jr., and James J. Murray of counsel), for respondent.

MIKOLL, J. P., WHITE and YESAWICH JR., JJ., concur with CASEY, J.; CREW III, J., concurs in part and dissents in part in a separate opinion.

CASEY, J.

Plaintiff was injured while he and his co-workers were delivering sheetrock to a construction site. The sheetrock was brought to the site on a flatbed truck which had an extension boom for lifting the sheetrock off the truck and maneuvering it into position to unload. While a co-worker was operating the extension boom, plaintiff's head became pinned between the sheetrock and the wall of a building....

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