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DE CRISTOFARO v. JOANN ENTERS., INC.

243 A.D.2d 1015 (1997)

663 N.Y.S.2d 689

Roy E. De Cristofaro, Respondent, v. Joann Enterprises, Inc., et al., Defendants and Third-Party Plaintiffs-Appellants. Arrow Leather Finishing, Inc., Third-Party Defendant-Respondent. (And a Fourth-Party Action.)

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

October 30, 1997

Mikoll, J. P.

On February 8, 1991, plaintiff fell down an elevator shaft, from the third floor of the building he worked in, when he stepped into the elevator shaft not noticing that the elevator was no longer on the third floor. He was distracted by the load of furs he was attempting to roll onto the elevator.

Plaintiff was employed by third-party defendant, Arrow Leather Finishing, Inc. (hereinafter Arrow), which was located at 21-23 West Slate...

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