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PARDO v. BIALYSTOKER CENTER & BIKUR CHOLIM, INC.

10 A.D.3d 298 (2004)

781 N.Y.S.2d 339

HUMBERTO PARDO, Plaintiff v. BIALYSTOKER CENTER & BIKUR CHOLIM, INC., et al., Respondents. ARIS DEVELOPMENT CORP., Third-Party Plaintiff-Respondent, v. ULTIMATE CONSTRUCTION CORP., Third-Party Defendant-Appellant.

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

Decided August 19, 2004

Plaintiff Humberto Pardo was injured when in the course of performing stucco renovation work on the exterior of a building owned by defendant Bialystoker Center & Bikur Cholim, Inc. (Bialystoker), he fell from a scaffold. At the time of the accident, plaintiff was employed by defendant Ultimate, a subcontractor, which was hired by Aris Development Corp. (Aris), the general contractor on the project. Plaintiff testified at his deposition that during a drilling operation...

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