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SCHWAB v. A.J. MARTINI, INC.

288 A.D.2d 654 (2001)

732 N.Y.S.2d 474

DANIEL B. SCHWAB et al., Appellants, v. A.J. MARTINI, INC., et al., Respondents.

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

Decided November 15, 2001.

Spain, J.

On September 2, 1994, plaintiff Daniel B. Schwab (hereinafter plaintiff) was engaged as a plasterer at the Nott Memorial building located on the campus of defendant Union College.* Union had hired defendant A.J. Martini, Inc. (hereinafter Martini), as the general contractor to restore the Memorial, and plaintiff was employed by a subcontractor engaged by Martini. According to plaintiff, while he was standing on scaffolding approximately...

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