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BAUER v. FEMALE ACADEMY OF THE SACRED HEART

275 A.D.2d 809 (2000)

712 N.Y.S.2d 706

KEITH BAUER, Respondent, v. FEMALE ACADEMY OF THE SACRED HEART, Defendant and Third-Party Plaintiff-Appellant. ENVIRONMENTAL SERVICE SYSTEMS, INC., Third-Party Defendant-Appellant.

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

Decided September 8, 2000.

Crew III, J.

The underlying facts are set forth in our prior decision in this matter (see, 250 A.D.2d 298). Third-party defendant, Environmental Service Systems, Inc. (hereinafter ESS), contracted with defendant to clean the exterior windows of a building owned by defendant. Plaintiff, an employee of ESS, was in the process of cleaning a third-story window on the building when he fell to the ground sustaining serious physical...

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