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ESPOSITO v. D'ORSAGNA

240 A.D.2d 195 (1997)

658 N.Y.S.2d 277

Maria B. Esposito et al., Appellants, v. Filippo D'Orsagna et al., Respondents, et al., Defendant Filippo D'Orsagna et al., Third-Party Plaintiffs-Respondents, v. Fratello Contracting Co., Third-Party Defendant-Respondent

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

June 5, 1997

Plaintiff, employed by a contractor hired by defendant owners to repair a roof leak, alleges that after he and his co-workers had performed the repair and put all of their materials and tools in their van, and after having cleaned tar from his hands with gasoline and wiping his hands on his pants leg, a co-worker lit a cigarette, whereupon an ash struck his pants leg causing it to ignite with resulting injuries. Plaintiff seeks...

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