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SMITH v. FLORI

220 A.D.2d 657 (1995)

633 N.Y.S.2d 67

Gerard Smith et al., Plaintiffs, v. Angelo Flori et al., Defendants and Third-Party Plaintiffs-Appellants. Joseph Facchin, Inc., Third-Party Defendant-Respondent

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

October 23, 1995

Ordered that the order is reversed insofar as appealed from, on the law, with costs.

The plaintiff Gerard Smith was seriously injured when he fell through a skylight opening on the roof of a building under construction in Flushing, Queens. Shortly after the accident, Smith and his wife commenced this action against Angelo Flori, Daniel Flori, and Seasons Fuel Oil Corp. (hereinafter the defendants), the owners of the building...

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