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FERNICOLA v. BENENSON CAPITAL CO.

252 A.D.2d 567 (1998)

676 N.Y.S.2d 610

Joseph Fernicola et al., Appellants, v. Benenson Capital Company, Sued Herein as Benenson Capital Corp., Defendant and Third-Party Plaintiff-Respondent. City of New York, Department of Social Services, Third-Party Defendant-Respondent

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

July 27, 1998

Ordered that the order is affirmed insofar as appealed from, with one bill of costs.

The plaintiff Joseph Fernicola slipped on grease on the rung of a scaffold as he was descending it, causing him to fall to the ground. Subsequently, he and his wife commenced this action against Benenson Capital Company, sued herein as Benenson Capital Corp. (hereinafter Benenson), the owner of the building where the accident occurred. Benenson commenced a third-party action against...

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