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BRADT v. LUSTIG

280 A.D.2d 739 (2001)

721 N.Y.S.2d 114

GLENN T. BRADT et al., Plaintiffs, v. DOUGLAS J. LUSTIG, as Trustee in Bankruptcy of the Estate of METRO AIRLINES, et al., Defendants, and BUSINESS EXPRESS, INC., Defendant and Third-Party Plaintiff-Appellant. DENNY'S BUILDING CONTRACTORS, INC., Third-Party Defendant-Respondent.

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

Decided February 1, 2001.

Mercure, J. P.

In December 1996, plaintiff Glenn T. Bradt (hereinafter plaintiff), an employee of third-party defendant, Denny's Building Contractors, Inc. (hereinafter Dennys), was injured at a construction site at the Albany County Airport in the Town of Colonie, Albany County. Defendant Albany County Airport Authority leased a large cargo hangar to defendant Business Express, Inc. (hereinafter BEX), which subsequently contracted

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