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MORRIS v. PEPE

283 A.D.2d 558 (2001)

725 N.Y.S.2d 71

BRENDAN MORRIS et al., Appellants, v. FRANK P. PEPE, Defendant and Third-Party Plaintiff, and JOSEPH MARQUES HOME IMPROVEMENT, Respondent. RAPISARDI CONSTRUCTION CORP., Third-Party Defendant.

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

Decided May 21, 2001.

Ordered that the judgment is affirmed, with costs.

The plaintiffs Brendan Morris and Michael Cruz, employees of the third-party defendant, Rapisardi Construction Corp. (hereinafter Rapisardi), were injured on May 8, 1995, when a scaffold collapsed at the site of a project involving the installation of vinyl siding on a house. They seek to recover damages for personal injuries against the defendant, a party identified as "Joseph Marques Home Improvement" (hereinafter...

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