GUITE v. COOKE BROS.


178 Misc.2d 948 (1998)

682 N.Y.S.2d 816

Glenn D. Guite et al., Plaintiffs, v. Cooke Brothers of Brockport, Inc., Defendant and Third-Party Plaintiff. John Wilfeard, Doing Business as John Wilfeard, General Contractor, Third-Party Defendant.

Supreme Court, Monroe County.

October 7, 1998


Attorney(s) appearing for the Case

Fitzsimmons, Nunn & Fitzsimmons, Rochester (Mark S. Nunn of counsel), for plaintiffs. David B. Mahoney, Rochester (Mark Valerio of counsel), for defendant and third-party plaintiff. Gallo & Iacovangelo, Rochester (Joseph B. Rizzo of counsel), for third-party defendant.


KENNETH R. FISHER, J.

On September 20, 1994, Glenn Guite (plaintiff), an employee of third-party defendant John Wilfeard, was injured when he fell from a ladder while attaching weather-proofing material to the side of a house under construction in the Town of Clarkson. Defendant was both the property owner and the general contractor on the construction project. Plaintiff and his wife thereafter sued defendant...

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