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PERCHINSKY v. STATE

232 A.D.2d 34 (1997)

660 N.Y.S.2d 177

Thomas A. Perchinsky, Appellant, v. State of New York, Respondent. (Claim No. 86964.) (Action No. 1.) Thomas A. Perchinsky, Appellant, v. Granny "G" Productions, Inc., et al., Defendants and Third-Party Plaintiffs-Respondents-Appellants. Todd Perchinsky, Individually and Doing Business as Todd's Kite World, et al., Third-Party Defendants-Respondents. (Action No. 2.)

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

July 10, 1997

Attorney(s) appearing for the Case

Coughlin & Gerhart, L. L. P., Binghamton (James P. O'Brien of counsel), for appellant.

Dennis C. Vacco, Attorney-General, Albany (Michael S. Buskus and Peter H. Schiff of counsel), for respondent.

O'Connor, Gacioch & Pope, L. L. P., Binghamton (Hugh B. Leonard of counsel), for Granny "G" Productions, Inc., defendant and third-party plaintiff-respondent-appellant.

Levine, Gouldin & Thompson, L. L. P., Binghamton (Patricia M. Curtin of counsel), for Binghamton Lions Club, defendant and third-party plaintiff-respondent-appellant.

Hickey, Sheehan & Gates, P. C., Binghamton (Gregory A. Gates of counsel), for Todd Perchinsky, third-party defendant-respondent.

Hinman, Howard & Kattell, Binghamton (Brian R. Wright of counsel), for Lemon Enterprises, Inc., third-party defendant-respondent.

CARDONA, P. J., MERCURE and CREW III, JJ., concur with CARPINELLO, J.; WHITE, J., concurs in part and dissents in part in a separate opinion.

CARPINELLO, J.

At issue in these actions, which have been joined on appeal by consent of the parties, is an injury suffered by claimant-plaintiff (hereinafter plaintiff) while attaching wire to the walls of the State-owned Army National Guard Armory in the City of Binghamton, Broome County. At the time of the incident, the Armory had been leased by the Binghamton Lions Club to hold a home show, which defendant...

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