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BAEZ v. R & R CONTRACTING, INC.

287 A.D.2d 351 (2001)

731 N.Y.S.2d 174

NELSON BAEZ, Plaintiff, v. R & R CONTRACTING, INC., et al., Appellants, 240 EAST 175TH STREET HOUSING DEVELOPMENT FUND CORPORATION et al., Respondents and Third-Party Plaintiffs-Appellants. PARKSET PLUMBING CO., INC., Third-Party Defendant-Respondent. (And Another Action.)

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

Decided October 18, 2001.

Plaintiff seeks damages for injuries sustained when, while working on a construction site in the employ of plumbing subcontractor Parkset Plumbing, a beam fell through the ceiling above him and allegedly struck him. Since it is clear, as a matter of law, that plaintiff's injury was not the result of any negligence on Parkset's part and did not arise out of or result from Parkset's performance under its subcontract, summary judgment...

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