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SMITH v. HOMART DEV. CO.

237 A.D.2d 77 (1997)

666 N.Y.S.2d 218

Otis Smith, Respondent-Appellant, v. Homart Development Company et al., Appellants-Respondents

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

November 26, 1997

Attorney(s) appearing for the Case

Donohue, Sabo, Varley & Armstrong, P. C., Albany (Christine D. Hanlon of counsel), for appellants-respondents.

Roemer, Wallens & Mineaux, L. L. P., Albany (Matthew J. Kelly of counsel), for respondent-appellant.

CARDONA, P. J., MIKOLL, MERCURE and PETERS, JJ., concur.

CASEY, J.

Plaintiff, a journeyman carpenter, was injured on January 21, 1993 while working on the construction site of Latham Farms Shopping Center in the Town of Colonie, Albany County. At the time, the site was owned by defendants, and plaintiff was employed by Beltrone Construction Company, the general contractor on the project. Plaintiff's injury occurred when he and a fellow worker were pulling an enclosure...

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