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VACCA v. LANDAU INDUSTRIES LTD.

5 A.D.3d 119 (2004)

773 N.Y.S.2d 21

FRANCIS J. VACCA et al., Appellants, v. LANDAU INDUSTRIES LTD. et al., Respondents.

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

March 2, 2004.

In the course of installing a new roof to the dining hall at Wagon Road Camp, a youth summer camp owned and operated by the Children's Aid Society, plaintiff, an employee of nonparty roofing subcontractor FED Realty Maintenance, Ltd. (FRM), sustained personal injuries when he fell approximately 20 feet to the ground on October 31, 1998. At the time of the incident, it is undisputed that plaintiff was not wearing a safety harness.

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