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HALE v. ODD FELLOW FACILITY

188 Misc.2d 498 (2001)

728 N.Y.S.2d 649

EDWARD A. HALE, JR., as Administrator of the Estate of EWARD A. HALE, Deceased, Plaintiff, v. ODD FELLOW & REBKAH HEALTH CARE FACILITY et al., Defendants. HUBER CONSTRUCTION, INC., Third-Party Plaintiff, v. CUSTOM SHEET METAL & FABRICATING, INC., Third-Party Defendant.

Supreme Court, Niagara County.

May 29, 2001.

Attorney(s) appearing for the Case

Renaldo, Myers & Palumbo, P. C. (James I. Myers of counsel), for plaintiff.

Smith, Sovik, Kendrick & Sugnet, P. C. (Daniel A. Bronk of counsel), for Odd Fellow & Rebekah Health Care Facility and others, defendants.

OPINION OF THE COURT

JOHN P. LANE, J.

Edward Hale allegedly was injured and died on May 19, 1999 following a fall through a hole in the first floor of Odd Fellow & Rebekah Health Care Facility, where he resided. The hole had been created during an ongoing construction project. Plaintiff has submitted a comprehensive motion to compel disclosure by defendants Odd Fellow & Rebekah Health Care Facility, Odd Fellow & Rebekah Health Care Facility,...

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