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CRUZ v. KOWAL INDUSTRIES, INC.

267 A.D.2d 271 (1999)

701 N.Y.S.2d 96

ANDRE CRUZ, Plaintiff, v. KOWAL INDUSTRIES, INC., Respondent, and S.J. REHAB CORP. et al., Defendants and Third-Party Plaintiffs-Appellants. THEMIS INDUSTRIES, LTD., Third-Party Defendant-Respondent. (And Another Third-Party Action.)

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

Decided December 13, 1999.

Ordered that the appeal from the order dated June 19, 1998, is dismissed, as that order was superseded by the resettled order; and it is further,

Ordered that the resettled order is affirmed insofar as reviewed; and it is further,

Ordered that the respondents are awarded one bill of costs.

The plaintiff, who was working at a construction site, was injured when he fell from a ladder. He brought suit against the general contractor S.J. Rehab Corp., Port...

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