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LUCKERN v. LYONSDALE ENERGY LIMITED PARTNERSHIP

281 A.D.2d 884 (2001)

722 N.Y.S.2d 632

SCOTT A. LUCKERN et al., Appellants-Respondents, v. LYONSDALE ENERGY LIMITED PARTNERSHIP et al., Respondents-Appellants, et al., Defendants. HOLTEC INTERNATIONAL, INC., et al., Third-Party Plaintiffs, v. CIANBRO CORPORATION, Third-Party Defendant-Respondent-Appellant.

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

Decided March 21, 2001.

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Plaintiffs commenced this action seeking damages for injuries sustained by Scott A. Luckern (plaintiff) in a work-related accident during the construction of the Lyonsdale Power Plant. Plaintiff was injured while on top of a 12-foot-high condenser tank, attempting to locate a vacuum leak. The rupture disc on the tank imploded, and plaintiff was drawn partially...

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