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McMANN v. A.R. MACK CONSTRUCTION CO., INC.

8 A.D.3d 1083 (2004)

778 N.Y.S.2d 830

JOHN McMANN, et al., Plaintiffs, v. A.R. MACK CONSTRUCTION CO., INC., et al., Defendant. A.R. MACK CONSTRUCTION CO., INC., et al., Third-Party Plaintiffs-Respondents, v. APPLE ROOFING, Third-Party Defendant, and PAGAN CONSTRUCTION, INC., Third-Party Defendant-Appellant.

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

June 14, 2004.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Plaintiffs commenced this action seeking damages for injuries sustained by plaintiff John McMann, an employee of third-party defendant Pagan Construction, Inc. (Pagan), at a construction site. Defendant A.R. Mack Construction Co., Inc. (Mack), the general contractor, commenced a third-party action against subcontractor Apple Roofing...

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