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HWAN CHAE v. LEE NATIONAL CORPORATION

261 A.D.2d 240 (1999)

690 N.Y.S.2d 238

YONG HWAN CHAE, Plaintiff, v. LEE NATIONAL CORPORATION et al., Defendants. (And Other Actions.) YMC CONSTRUCTION AND SERVICES, INC., Fourth-Party Plaintiff-Appellant, v. YORK SCAFFOLD EQUIPMENT CORP., Fourth-Party Defendant-Respondent. (And Another Action.)

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

Decided May 18, 1999.

The IAS Court's dismissal of YMC's fourth-party complaint seeking common-law indemnification from York Scaffold Equipment Corp. (York) was proper. It is clear from this record that York had no supervision over plaintiff's work and that it was not negligent in its leasing of the scaffolding from which plaintiff fell. Although, at the time the scaffolding was rented, York provided written warnings that the scaffolding should be used with guardrails, plaintiff's supervisor specifically...

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