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HOWELL v. KOCH ERECTING CORP.

192 Misc.2d 491 (2002)

746 N.Y.S.2d 755

JEFFREY HOWELL et al., Plaintiffs, v. KARL KOCH ERECTING CORP., Defendant and Third-Party Plaintiff. RIVER PILE & FOUNDATION CO., INC., Third-Party Defendant.

Supreme Court, Bronx County.

July 11, 2002.

Attorney(s) appearing for the Case

Mulholland, Minion & Roe (Robert A. Weis of counsel), for defendant and third-party plaintiff.

Sacks & Sacks (Sanford Konstadt of counsel), for plaintiffs.

Chalos & Brown, P.C. (Charles Wexler of counsel), for third-party defendant.

OPINION OF THE COURT

KENNETH L. THOMPSON, JR., J.

Defendant and third-party plaintiff Karl Koch Erecting Corp. (hereinafter referred to as Karl Koch) moved for an order granting summary judgment dismissing plaintiffs' complaint.

Facts:

The following facts are alleged by plaintiff Jeffrey Howell in his May 4, 1999 examination before trial.

At around 1:00 P.M., on...

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