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GARCIA v. PEPSICO, INC.

303 A.D.2d 227 (2003)

755 N.Y.S.2d 605

JULIO GARCIA, Plaintiff, v. PEPSICO, INC., et al., Defendants. PEPSICO, INC., et al., Third-Party Plaintiffs-Respondents, v. A.S.F. GLASS CORPORATION, Third-Party Defendant, and SENTRALE CONTRACTING CORP., Third-Party Defendant-Appellant and Second Third-Party Plaintiff-Respondent. ANDY LOPES BUILDING CORP., Second Third-Party Defendant-Appellant.

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

Decided March 13, 2003.

The trial court properly denied the motion and cross motion for summary judgment. Andy Lopes Building failed to establish, as a matter of law, that it was not negligent in securing the plywood form over the hole into which plaintiff is alleged to have fallen. Sentrale Contracting failed to establish, as a matter of law, that it was not responsible for directing or controlling the work performed by its subcontractor Andy Lopes Building (see Rodriguez v Metropolitan Life...

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