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MEJIA v. TRUSTEES OF NET REALTY HOLDING TRUST

304 A.D.2d 627 (2003)

759 N.Y.S.2d 91

RODOLFO MEJIA, Plaintiff, v. TRUSTEES OF NET REALTY HOLDING TRUST et al., Defendants, and KIMCO REALTY SERVICES, INC., Sued Herein as KIMCO REALTY CORP., Defendant and Third-Party Plaintiff-Respondent. PLASTER MASTER, Third-Party Defendant-Appellant.

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

Decided April 14, 2003.

Ordered that the order and judgment is reversed, on the law, with costs, the motion is granted, and the cause of action for contractual indemnification asserted in the third-party complaint is dismissed.

On May 18, 1998, the plaintiff, an employee of the third-party defendant, Plaster Master, fell from scaffolding provided by Plaster Master at a construction site. The plaintiff sued, among others, Kimco Realty Services, Inc., individually sued herein as Kimco Realty...

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