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COLLINS v. WELCH

178 Misc.2d 107 (1998)

678 N.Y.S.2d 444

Ellen Collins, Plaintiff, v. Steven E. Welch, Doing Business as Wright Contracting, Defendant and Third-Party Plaintiff. Challenge Industries, Inc., Third-Party Defendant.

Supreme Court, Tompkins County.

July 1, 1998

Attorney(s) appearing for the Case

Harris Beach & Wilcox, L. L. P., Ithaca (Edward C. Hooks of counsel), for defendant and third-party plaintiff. Davidson & O'Mara, P. C., Elmira (Weeden A. Wetmore of counsel), for third-party defendant. Holmberg Galbraith Holmberg & Orkin, Ithaca (Dirk A. Galbraith of counsel), for plaintiff.

WALTER J. RELIHAN, JR., J.

The defendant Welch performed roofing work on a building owned and occupied by Challenge Industries, Inc. (Challenge). Plaintiff, an employee of Challenge, alleges that the work was negligently performed, causing dust, fumes and particles to filter into the building, rendering her ill.

Plaintiff, for many years prior to these November 1994 events, had been regularly treated...

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