KINSELLA v. BERLEY REALTY CORP.


240 A.D.2d 374 (1997)

657 N.Y.S.2d 771

William Kinsella et al., Respondents, v. Berley Realty Corporation, Defendant and Third-Party Plaintiff. New York Offtrack Betting Corp., Third-Party Defendant, and Eren Construction Corp., Third-Party Defendant-Appellant

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

June 2, 1997


Ordered that the judgment is affirmed insofar as appealed from, with costs.

The plaintiff William Kinsella was injured when he fell from a scaffold while working as a union apprentice carpenter. The injured plaintiff and his wife commenced this action against the owner of the premises, the defendant, Berley Realty Corporation, which, in turn, commenced a third-party action, against, among others, the appellant.

At trial, the Supreme Court excluded from evidence...

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