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MALSCH v. CITY OF NY

232 A.D.2d 1 (1997)

662 N.Y.S.2d 458

Warren Malsch et al., Appellants, v. City of New York, Defendant and Third-Party Plaintiff, and Sea Breeze Land Development Corporation, Respondent and Third-Party Plaintiff-Respondent. Amtol Radio Communication Systems, Inc., Third-Party Defendant-Respondent

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

September 11, 1997

Attorney(s) appearing for the Case

David M. Schwarz of counsel, New York City (Perry & Schwarz, P. C., attorneys), for appellants.

Carol L. Schlitt of counsel, New York City (Acito & Klein, P. C., attorneys), for respondent and third-party plaintiff-respondent.

Martin Lerner, Huntington Station, for third-party defendant-respondent.

SULLIVAN, J. P., and MAZZARELLI, J., concur with TOM, J.; ANDRIAS, J., dissents in a separate opinion.

TOM, J.

This action arises from an accident on June 26, 1986, when plaintiff fell several stories from a defective ladder and sustained fractures and back injuries. Plaintiff had been installing a two-way radio system for the use of defendant Sea Breeze Land Development Corporation's employees, who were engaged in construction of a food court and parking lot at Orchard Beach. Sea Breeze had hired plaintiff's employer...

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