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LOPES v. INTERSTATE CONCRETE, INC.

293 A.D.2d 579 (2002)

741 N.Y.S.2d 73

VINCENZO LOPES et al., Appellants, v. INTERSTATE CONCRETE, INC., et al., Respondents. (And a Third-Party Action.)

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

Decided April 15, 2002.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff Vincenzo Lopes (hereinafter the plaintiff) was an employee of Gotham Construction Corporation (hereinafter Gotham), the general contractor on a project involving the construction of a nursing home. The plaintiff commenced this action seeking to recover damages for personal injuries he sustained when he fell from a ladder. The ladder allegedly was built and controlled by the defendants...

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