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TORRES v. HALLEN CONSTR. CORP.

226 A.D.2d 364 (1996)

640 N.Y.S.2d 244

Francisco Torres, Respondent, v. Hallen Construction Corp., Defendant and Third-Party Plaintiff-Respondent. Andrew Capatano Enterprises, Inc., Third-Party Defendant-Appellant

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

April 1, 1996

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the third-party defendant's motion for summary judgment dismissing the complaint and the third-party complaint is granted.

We agree with the appellant that the allegedly negligent conduct of the defendant was not the proximate cause of the plaintiff's injuries. Any purported negligence on the part of the defendant in leaving two steel...

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