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BIEBER v. TOWER BUILDER & CONTRACTOR CORP.

216 A.D.2d 431 (1995)

628 N.Y.S.2d 368

Richard Bieber et al., Respondents, v. Tower Builder and Contractor Corp. et al., Defendants, et al., Third-Party Plaintiff. D & S Carpentry, Inc., Third-Party Defendant-Appellant. (And Another Third-Party Action.)

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

June 19, 1995

Ordered that the order is affirmed, with costs.

The plaintiff Richard Bieber was injured in a fall from a scaffold at a construction site. In this action he sought to recover damages, inter alia, pursuant to Labor Law § 240 (1). A settlement was reached with the defendants, the general contractor and the subcontractor. The second third-party defendant D & S Carpentry, Inc., of which the injured plaintiff was the president as well as an employee and...

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