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ENAX v. NEW YORK TELEPHONE COMPANY

280 A.D.2d 294 (2001)

720 N.Y.S.2d 126

ERNEST ENAX, Appellant, v. NEW YORK TELEPHONE COMPANY et al., Respondents and Third-Party Plaintiffs-Respondents. CASMIC SHEET METAL, INC., Sued Herein as COSMIC SHEET METAL, Third-Party Defendant-Respondent, et al., Third-Party Defendant.

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

Decided February 6, 2001.

On February 22, 1990, plaintiff Ernest Enax, an employee of third-party defendant Casmic Sheet Metal, Inc. (Casmic), was injured in the course of installing ductwork for a new airconditioning system in a building located at 230 West 36th Street, New York, N. Y., when the ladder he was standing on collapsed. In September 1990, plaintiff commenced this action based on common law negligence and violations of the Labor Law against defendant C.P. Construction Corp. (Construction...

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