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ROOK v. 60 KEY CTR., INC.

242 A.D.2d 872 (1997)

662 N.Y.S.2d 670

Robert L. Rook et al., Plaintiffs, v. 60 Key Centre, Inc., et al., Defendants. 60 Key Centre, Inc., Third-Party Plaintiff-Respondent, v. Aluma Systems Corporation, Third-Party Defendant. Burke Company, Fourth-Party Plaintiff-Respondent, v. Frank L. Ciminelli Construction Co., Inc., Fourth-Party Defendant-Appellant. Mobile Materials Handling Equipment, Ltd., Fourth-Party Plaintiff-Respondent, v. Frank L. Ciminelli Construction Co., Inc., et al., Fourth-Party Defendants-Appellants, et al., Fourth-Party Defendant

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

September 30, 1997

Order unanimously affirmed with costs.

Memorandum:

Plaintiffs, Robert L. and Paula M. Rook, commenced this action to recover for injuries sustained by Robert Rook (plaintiff) in the course of his employment by Frank L. Ciminelli Construction Co., Inc. (Ciminelli), a general contractor. Plaintiff was injured during the construction of an office building when he was struck in the head by a concrete form, allegedly as a result of a failure in a hydraulic jack...

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