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BARNES v. NEW YORK MERCANTILE EXCHANGE, INC.

7 A.D.3d 304 (2004)

776 N.Y.S.2d 559

RICKY BARNES, Plaintiff, v. NEW YORK MERCANTILE EXCHANGE, INC., ET AL., Defendants. AJ CONTRACTING COMPANY, INC., Third-Party Plaintiff-Appellant, v. FOREST DATACOM SERVICES INC., Third-Party Defendant-Respondent, ET AL., Third-Party Defendant. (And Other Actions.)

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

May 11, 2004.

While plaintiff was working on a construction project, he slipped on debris, fell and was injured. Prior to trial, AJ, the general contractor for the project, settled with plaintiff, conceding that it was liable under Labor Law § 241 (6), regardless of actual fault, for the failure to keep the work area free from debris. The matter then went to trial on, among other claims, AJ's third-party claim for contractual indemnification against Forest, the subcontractor that...

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