JUSTYK v. TREIBACHER SCHLEIFMITTEL CORP.


4 A.D.3d 882 (2004)

771 N.Y.S.2d 615

JOHN JUSTYK, Respondent, v. TREIBACHER SCHLEIFMITTEL CORP., Appellant, et al., Defendant. TREIBACHER SCHLEIFMITTEL CORP., Third-Party Plaintiff, v. MODERN MANAGEMENT GROUP, INC., et al., Third-Party Defendants-Appellants.

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

February 11, 2004.


It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed with costs.

Memorandum:

Plaintiff was injured when he fell through a 3-to 4-foot hole that he uncovered while removing roofing material containing asbestos at a work site and plummeted 18 to 20 feet to a concrete floor. The hole had been previously cut in the roof in order to remove a piece of equipment from the building...

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