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ROSENBERG v. ETERNAL MEMORIALS, INC.

291 A.D.2d 391 (2002)

737 N.Y.S.2d 632

STUART ROSENBERG, as Executor of BARRY ROSENBERG, Deceased, Appellant, v. ETERNAL MEMORIALS, INC., Defendant and Third-Party Plaintiff-Respondent. EVER-READY MONUMENT SETTERS, INC., Third-Party Defendant-Respondent. (Action No. 1.) EDWARD WHEAT, Appellant, v. ETERNAL MEMORIALS, INC., Respondent, et al., Defendants. (Action No. 2.)

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

Decided February 4, 2002.

Ordered that the order is affirmed, with costs.

The decedent of the plaintiff in Action No. 1 was electrocuted, and Edward Wheat, the plaintiff in Action No. 2, was injured, when the extendable boom they were operating came in contact with a power line. The power line was approximately 28 feet above the property of Eternal Memorials, Inc. (hereinafter Memorials), the defendant third-party plaintiff in Action No. 1 and a defendant in Action No. 2. The plaintiff's decedent...

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