MARTE v. SNAPPLE CORP.


193 Misc.2d 662 (2002)

752 N.Y.S.2d 518

ELPIDIO MARTE et al., Plaintiffs, v. SNAPPLE BEVERAGE CORP. et al., Defendants. MR. NATURAL, INC., Third-Party Plaintiff, v. J&P CONSTRUCTION, INC., Third-Party Defendant. WILLIAMSBURG PREP CENTER, INC., Respondent, v. J&P CONSTRUCTION, INC., Appellant.

Supreme Court, Appellate Term, Second Department.

July 5, 2002.


Attorney(s) appearing for the Case

Fisher & Fisher, New York City (Stephanie A. Onorato of counsel), for appellant.

Garbarini & Scher, P.C., New York City (Thomas M. Cooper of counsel), for respondent.

PATTERSON, J.P., GOLIA and RIOS, JJ., concur.


OPINION OF THE COURT

MEMORANDUM.

Order, insofar as appealed from, unanimously reversed without costs, and second third-party plaintiff's motion for summary judgment denied.

Plaintiff Elpidio Marte allegedly sustained injuries in the course of his employment with second third-party defendant J&P Construction, Inc. (hereinafter J&P) when a cart containing sheetrock struck a chair he was standing on, while he was performing renovation work at...

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