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SCHIFELBINE v. FOSTER WHEELER

3 Misc.3d 151 (2002)

776 N.Y.S.2d 146

WAYNE C. SCHIFELBINE, Plaintiff, v. FOSTER WHEELER CORPORATION et al., Defendants and Third-Party Plaintiffs. K.C. SWANN & SON ROOFING COMPANY, INC., Third-Party Defendant.

Supreme Court, Allegany County.

November 19, 2002.

Attorney(s) appearing for the Case

Bartlett, McDonough, Bartone & Monaghan, LLP (E. Gordon Haesloop of counsel), for defendant and third-party plaintiff.

Davidson & O'Mara, PC. (Weeden A. Wetmore of counsel), for third-party defendant.

Dwyer, Black & Lyle, PC. (Jeffrey A. Black and Joseph C. Dwyer of counsel), for plaintiff.

OPINION OF THE COURT

JAMES E. EUKEN, J.

The issue before the court is the calculation of damages at a CPLR article 50-B hearing. Plaintiff received catastrophic injuries in a fall through Foster Wheeler's roof on July 27, 1999, rendering him a quadriplegic. Summary judgment was granted under Labor Law § 240 (1) and entered on December 13, 2000, and the Appellate Division, Fourth Department, unanimously affirmed...

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