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PAZMINO v. WOODSIDE DEV. CO.

212 A.D.2d 520 (1995)

622 N.Y.S.2d 299

Jose Pazmino et al., Plaintiffs, v. Woodside Development Company, Defendant and Third-Party Plaintiff-Appellant. Voodoo Contracting Corp. et al., Third-Party Defendants-Respondents

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

February 6, 1995

Ordered that the order is reversed, on the law, with costs, and the motion of the defendant third-party plaintiff is granted.

An owner of a work site such as Woodside Development Company (hereinafter Woodside), the defendant third-party plaintiff in this action, which is only vicariously liable under Labor Law §§ 240, 241 is not barred from obtaining indemnification under common-law principles (see, Kelly...

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