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BALTHAZAR v. FULL CIRCLE CORP

268 A.D.2d 96 (2000)

707 N.Y.S.2d 70

ZACHARY BALTHAZAR et al., Respondents, v. FULL CIRCLE CONSTRUCTION CORP. et al., Appellants. FULL CIRCLE CONSTRUCTION CORP., Third-Party Plaintiff-Appellant-Respondent, v. CAPITOL FIRE SPRINKLER CO., INC., Third-Party Defendant-Respondent-Appellant.

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

April 25, 2000.

Attorney(s) appearing for the Case

Ellen Sackstein of counsel, Garden City (Sackstein, Sackstein & Sackstein, L. L. P., attorneys), for respondents.

Robert I. Elan, New York City, for Full Circle Construction Corp., appellant and third-party plaintiff-appellant-respondent.

Christopher A. South of counsel, New York City (Law Office of Tromello & Siegel, attorneys), for Richard Levine, appellant.

John P. Sipp, Jr., of counsel, New York City (McMahon, Martine & Gallagher, attorneys), for third-party defendant-respondent-appellant.

MAZZARELLI, ELLERIN, RUBIN and ANDRIAS, JJ., concur.

OPINION OF THE COURT

ROSENBERGER, J. P.

On December 15, 1994, plaintiff Zachary Balthazar, a plumber, fell from an allegedly defective ladder while installing a fire sprinkler system in a building owned by defendant Richard Levine. Levine was also the president of Capitol Fire Sprinkler Co., Inc., the company which employed Balthazar. Capitol was the lessee occupying the half of the building where Balthazar was working. He fell because the base of the ladder...

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