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SPRAGUE v. PECKHAM MATERIALS CORP.

240 A.D.2d 392 (1997)

658 N.Y.S.2d 97

George Sprague et al., Appellants-Respondents, v. Peckham Materials Corp. et al., Defendants and Third-Party Plaintiffs-Respondents-Appellants. J & M Heating and Air Conditioning, Inc., Third-Party Defendant-Respondent-Appellant

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

June 2, 1997

Ordered that the order is affirmed insofar as appealed and cross-appealed from, without costs and disbursements.

The injured plaintiff George Sprague was employed as a service technician by the third-party defendant J & M Heating and Air Conditioning, Inc., (hereinafter J & M). While attempting to repair an air conditioning unit, the plaintiff fell from the ladder on which he was standing when the right leg of the...

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