SLATE v. SCHIAVONE CONSTR. CO.


10 A.D.3d 1 (2004)

780 N.Y.S.2d 567

JOHN SLATE, Respondent, v. SCHIAVONE CONSTRUCTION COMPANY, Appellant.

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

July 8, 2004.


Attorney(s) appearing for the Case

Wilson, Elser, Moskowitz, Edelman & Dicker, LLP, New York City (Richard E. Lerner and Meredith Drucker of counsel), for appellant.

Cascione, Purcigliotti & Galluzzi, P.C., New York City (Thomas G. Cascione of counsel), for respondent.

Nardelli, J.P., and Ellerin, J., concur with Tom, J.; Friedman, J., dissents in a separate opinion.


OPINION OF THE COURT

TOM, J.

Plaintiff John Slate, an employee of nonparty G.M. Crocetti, Inc., sustained injury in a fall from a scaffold affixed to a flatbed truck while working within the Lincoln Tunnel on September 3, 1997. On September 1, 2000, two days prior to the expiration of the statute of limitations, plaintiff commenced this action by filing the summons and complaint, listing defendant Schiavone's mailing...

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