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CAMARDA v. HOMES

233 A.D.2d 285 (1996)

649 N.Y.S.2d 463

Jeffrey Camarda et al., Plaintiffs, v. Summit Homes, Defendant and Third-Party Plaintiff-Respondent. Western Cooling and Heating, Inc., Third-Party Defendant-Appellant

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

November 4, 1996

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the cross motion is granted, and the third-party complaint is dismissed.

The defendant third-party plaintiff, Summit Homes, is allegedly the owner of property at 5 Badger Road, Manorville, New York, and acted as general contractor for a construction project on the site. The plaintiff Jeffrey Camarda was an employee of the appellant Western Cooling and Heating, Inc., a subcontractor...

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