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BREZINSKI v. OLYMPIA & YORK WATER ST. CO.

218 A.D.2d 633 (1995)

631 N.Y.S.2d 23

Michael Brezinski, Plaintiff, v. Olympia & York Water Street Company, Appellant, and Horn Waterproofing Corporation, Respondent, et al., Defendant Olympia & York Water Street Company, Third-Party Plaintiff-Appellant, v. C & D Restoration, Inc., Third-Party Defendant-Respondent Horn Waterproofing Corporation, Second Third-Party Plaintiff-Respondent, v. C & D Waterproofing Corporation, Second Third-Party Defendant-Respondent Olympia & York Water Street Company, Third Third-Party Plaintiff-Appellant, v. C & D Waterproofing Corporation, Third Third-Party Defendant-Respondent

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

August 31, 1995

In September 1987, plaintiff sustained serious personal injuries when he fell from a catwalk located above the roof of a building then owned by appellant Olympia & York Water Street Company (O&Y). Plaintiff was employed by respondent C & D Waterproofing Corporation, a subcontractor engaged by respondent Horn Waterproofing Corporation and respondent Horn Maintenance Corporation, the general contractors. Plaintiff commenced...

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