MAREK v. DePOALO & SON BLDG. MASONRY, INC.


240 A.D.2d 1007 (1997)

659 N.Y.S.2d 331

James D. Marek et al., Plaintiffs, v. DePoalo & Son Building Masonry, Inc., Defendant and Third-Party Plaintiff-Appellant. Cmc Corporation, Third-Party Defendant-Respondent

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

June 26, 1997


Spain, J.

Plaintiff James D. Marek (hereinafter plaintiff), a project manager/superintendent employed by third-party defendant, CMC Corporation (hereinafter CMC), was injured on a construction project at Great Meadow Correctional Facility (hereinafter the project) in Washington County when he fell while covering pallets stacked with bags of mortar. Defendant served as the general contractor on the project and subcontracted the

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