BOWEN v. HALLMARK NURSING CTR., INC.


244 A.D.2d 597 (1997)

663 N.Y.S.2d 933

John A. Bowen, III, Appellant, v. Hallmark Nursing Centre, Inc., Defendant and Third-Party Plaintiff-Respondent. Beltrone Construction Company, Inc., Third-Party Defendant-Appellant

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

November 6, 1997


Casey, J.

Plaintiff, an employee of third-party defendant, Beltrone Construction Company, Inc. (hereinafter Beltrone), was injured while working as a mason tender assisting a mason in constructing a block wall. Plaintiff's injury occurred while he was removing the scaffolding planks from the first level of the scaffold and was handing them up to a co-worker on the second level of the scaffold 14 feet above him. This scaffold was adjacent to an open excavation...

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