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PERKINS v. KEN LOEWENTHEIL & DAUGHTERS, INC.

282 A.D.2d 510 (2001)

723 N.Y.S.2d 503

FRANCIS PERKINS et al., Appellants, v. KEN LOEWENTHEIL & DAUGHTERS, INC., Respondent, and KEN LOEWENTHEIL RYE BROOK, INC., Defendant and Third-Party Plaintiff-Respondent-Appellant. D&G CARPENTERS CONTRACTORS, INC., Third-Party Defendant-Respondent.

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

Decided April 9, 2001.

Ordered that the order is reversed insofar as appealed and cross-appealed from, on the law, with one bill of costs payable to the appellants and the respondent-appellant by the third-party defendant-respondent, and the motion and cross motion are granted.

The plaintiff Francis Perkins, a carpentry laborer, allegedly sustained injuries when he fell through an open, unfinished stairwell while working in a house under construction...

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