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JORDAN v. BLUE CIRCLE ATLANTIC, INC.

306 A.D.2d 741 (2003)

762 N.Y.S.2d 647

DAVID JORDAN, Respondent, v. BLUE CIRCLE ATLANTIC, INC., et al., Defendants and Third-Party Plaintiffs-Appellants, and FLACH INDUSTRIES, INC., Appellant. LVR INSTALLATIONS, INC., Third-Party Defendant-Appellant.

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

Decided June 19, 2003.

Lahtinen, J.

Plaintiff, employed as a mason for third-party defendant, LVR Installations, Inc., had been installing brick into the base of a kiln owned and operated by defendant Blue Circle Atlantic, Inc. when he was struck on the hand and seriously injured by a falling 30-pound brick. The brick was allegedly dropped by Jeffrey Boehlke, a laborer employed by defendant J.R. Hall, Inc. (hereinafter Hall), who had been assisting plaintiff by handing him the bricks from...

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