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BAUER v. FEMALE ACAD.

250 A.D.2d 298 (1998)

682 N.Y.S.2d 708

Keith Bauer, Appellant-Respondent, v. Female Academy of the Sacred Heart, Appellant and Third-Party Plaintiff-Respondent-Appellant. Environmental Service Systems, Inc., Third-Party Defendant-Respondent-Appellant

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

December 30, 1998

Attorney(s) appearing for the Case

O'Connell & Aronowitz, Albany (Kathleen M. Treasure of counsel), for appellant-respondent.

Donohue, Sabo, Varley & Armstrong, P. C., Albany (Gerald D'Amelia of counsel), for third-party defendant-respondent-appellant.

Friedman, Hirschen, Miller, Coughlin & Campito, P. C., Schenectady (Michael C. Rizzo of counsel), for appellant and third-party plaintiff-respondent-appellant.

MERCURE and CARPINELLO, JJ., concur with CREW III, J.; PETERS, J., and MIKOLL, J. P., dissent in a separate opinion by PETERS, J.

CREW III, J.

In October 1992 third-party defendant, Environmental Service Systems, Inc. (hereinafter ESS), contracted with defendant to clean the exterior windows of a commercial building owned by defendant. Plaintiff, an employee of ESS, was in the process of cleaning a third-story window on the building when he fell to the ground sustaining serious physical injuries.

As a consequence, plaintiff commenced...

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