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CARPENTER v. 149 EDISON STREET, INC.

269 A.D.2d 751 (2000)

703 N.Y.S.2d 624

DAVID CARPENTER, Respondent, v. 149 EDISON STREET, INC., Doing Business as LONESTAR CONSTRUCTION, Defendant and Third-Party Plaintiff-Respondent. CIR ELECTRICAL CONSTRUCTION CORP., Third-Party Defendant-Appellant.

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

Decided February 16, 2000.

Order unanimously affirmed without costs.

Memorandum:

Supreme Court properly denied the motion of third-party defendant, CIR Electrical Construction Corp. (CIR), for summary judgment dismissing the third-party complaint of defendant-third-party plaintiff, 149 Edison Street, Inc., doing business as Lonestar Construction (149 Edison). Plaintiff, an employee of CIR, was injured when he fell in a trench that was covered with a tarp and further obscured by snow...

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