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WEININGER v. HAGEDORN & CO.

91 N.Y.2d 958 (1998)

695 N.E.2d 709

672 N.Y.S.2d 840

Jeffrey Weininger et al., Respondents, v. Hagedorn & Company, Defendant and Third-Party Plaintiff-Appellant, and American Insurance Marketing Corporation et al., Defendants; 225 Broadway Company et al., Respondents. Alpha Tele-Connect, Inc., Third-Party Defendant-Respondent.

Court of Appeals of the State of New York.

Decided April 30, 1998.

Attorney(s) appearing for the Case

Herzfeld & Rubin, P. C., New York City (David B. Hamm, Herbert Rubin and Linda M. Brown of counsel), for defendant and third-party plaintiff-appellant.

Carol R. Finocchio, New York City, and Richard J. Katz for Jeffrey Weininger and another, respondents.

Harvey, Pennington, Herting & Renneisen, L. L. C., New York City (Carolyn B. Stevens of counsel), for third-party defendant-respondent.

Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE and WESLEY concur in memorandum; Judges TITONE and CIPARICK taking no part.

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, judgment for plaintiffs vacated, defendant third-party plaintiff Hagedorn's third-party complaint reinstated and case remitted to Supreme Court for a new trial.

Plaintiff, an employee of third-party defendant Alpha Tele-Connect, Inc., was injured when he fell from a ladder while working at premises leased by defendant Hagedorn & Company...

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