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LUCIANO v. CHEN

213 A.D.2d 702 (1995)

624 N.Y.S.2d 278

Michael Luciano, Respondent, v. Lung Gong Chen et al., Defendants, and Albert Wagner & Son, Inc., Defendant and Third-Party Plaintiff. Francis J. Greenwood & Co., Inc., Third-Party Defendant-Appellant; K & R Electric, Third-Party Defendant-Respondent, et al., Third-Party Defendant. (And Another Third-Party Action.) (Action No. 1.) Michael Luciano, Respondent, v. Francis J. Greenwood & Co., Inc., Appellant, et al., Defendant. (Action No. 2.)

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

March 29, 1995

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff sustained serious injuries when he fell from an allegedly defective A-frame ladder while attempting to push a pipe through a wall in a basement. The ladder, for the purposes of this motion only, was assumed to have been lent to the plaintiff by the appellant Francis J. Greenwood & Co., Inc. (hereinafter Greenwood). After two depositions of the plaintiff were conducted, Greenwood...

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