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BARKER v. MENARD

237 A.D.2d 839 (1997)

655 N.Y.S.2d 186

David Barker, Appellant, v. Francis Menard, Individually and Doing Business as Menard and Sons, et al., Defendants, and Leonard Gadway, Defendant and Third-Party Plaintiff-Respondent; Hebert Development Corporation, Third-Party Defendant-Respondent

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

March 20, 1997

Crew III, J.

At all times relevant to this appeal, plaintiff was employed as a laborer by third-party defendant, Hebert Development Corporation (hereinafter HDC). In July 1988, HDC and Dennis Gadway entered into a contract, pursuant to the terms of which Gadway was to perform, inter alia, certain excavation and backfilling work on a condominium project that HDC was developing in Clinton County. The record...

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