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BARTEK, JR. v. MURPHY

266 A.D.2d 865 (1999)

697 N.Y.S.2d 801

RICHARD J. BARTEK, JR., et al., Respondents-Appellants, v. CAROL L. MURPHY, Individually and Doing Business as MURPHY ORCHARDS, Appellant-Respondent and Third-Party Plaintiff-Appellant. GLENN H. BENEDICT, Individually and Doing Business as GLENN H. BENEDICT CONSTRUCTION COMPANY, Third-Party Defendant-Respondent.

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

Decided November 12, 1999.

Cross appeal unanimously dismissed and order affirmed without costs.

Memorandum:

On December 3, 1994, defendant-third-party plaintiff, Carol L. Murphy, entered into an agreement with third-party defendant, Glenn H. Benedict, to reinforce the roof of her barn. On December 19, 1994, plaintiff Richard J. Bartek, Jr., an employee of Benedict, was injured when he fell 20 feet from scaffolding. Plaintiffs commenced an action against Murphy, individually and doing...

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