COOK JR. v. THOMPKINS


305 A.D.2d 847 (2003)

760 N.Y.S.2d 251

MILTON COOK, JR., Respondent, v. RICHARD THOMPKINS et al., Appellants.

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

Decided May 15, 2003.


Carpinello, J.

Plaintiff, a laborer in the employ of a masonry contractor, sued to recover for an injury to his right index finger after slipping off a foundation form and falling into a trench. On the day of his accident, plaintiff was working on land owned by defendant Angelo Bacalocostantis. Bacalocostantis had previously hired an excavator, defendant Richard Thompkins, to prepare the site for the installation of the foundation for a new single-family modular home...

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