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RUBEIS v. AQUA CLUB, INC.

305 A.D.2d 656 (2003)

761 N.Y.S.2d 659

ALDO RUBEIS et al., Plaintiffs, v. AQUA CLUB, INC., Doing Business as V.I.P. TENNIS & BEACH CLUB, LTD., Defendant and Third-Party Plaintiff-Respondent, et al., Defendant. VENEZIA IRON WORKS, INC., Third-Party Defendant-Appellant.

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

Decided May 27, 2003.

Ordered that the judgment is reversed insofar as appealed from, on the law, with costs, the motion of the third-party defendant is granted, and the third-party complaint is dismissed.

The plaintiff Aldo Rubeis was seriously injured after falling from a ladder while installing a steel cupola at the defendant third-party plaintiff, Aqua Club, Inc., doing business as V.I.P. Tennis & Beach Club, Ltd. (hereinafter Aqua Club). He sustained brain damage, among other...

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