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T & S MASONRY v. STATE INSURANCE FUND

290 A.D.2d 308 (2002)

736 N.Y.S.2d 350

T & S MASONRY, Respondent, v. STATE INSURANCE FUND, Appellant.

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

Decided January 17, 2002.

William Gosek commenced the underlying action on March 14, 1995 against Lunt Theatre Company and Lunt Nederlander Corporation (Lunt), alleging that their negligence caused him to fall from a ladder while working on their premises on April 21, 1992. Paragraph 29 of Mr. Gosek's complaint states that he was employed by Kay Construction, the general contractor. On September 7, 1995, Lunt commenced a third-party action against Kay Construction for indemnification and contribution...

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