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GRGAS v. LEHRER McGOVERN BOVIS, INC.

307 A.D.2d 982 (2003)

763 N.Y.S.2d 500

MARIO GRGAS, Plaintiff, v. LEHRER McGOVERN BOVIS, INC., et al., Defendants, and 1515 BROADWAY, LTD., et al., Defendants and Third-Party Plaintiffs. SUPERIOR ACOUSTICS, INC., Third-Party Defendant-Respondent; FOREST ELECTRIC CORP., Third-Party Defendant-Appellant.

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

Decided August 18, 2003.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the second third-party complaint and all cross claims asserted against Forest Electric Corp. are dismissed.

The plaintiff was working as a carpenter at a construction site when the scaffold he was standing upon began to tip over. The plaintiff jumped from the falling scaffold, and landed on a small, discarded metal door, of the type used...

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