DUARTE v. EAST HILLS CONSTRUCTION CORP.


274 A.D.2d 493 (2000)

711 N.Y.S.2d 182

JOSE D. DUARTE et al., Respondents, v. EAST HILLS CONSTRUCTION CORP., Defendant, FRANK GABRIELLI, Respondent, and ARMANDO GABRIELLI, Appellant. (And a Third-Party Action.)

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

Decided July 24, 2000.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, the complaint and all cross claims are dismissed insofar as asserted against the appellant, and the action against the remaining defendant is severed.

The plaintiff Jose Daniel Duarte was injured when he fell from a ladder while doing framing work on a house owned by the appellant, Armando Gabrielli. The plaintiffs commenced the instant action to recover damages...

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