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GUARNIERI v. ESSEX HOMES OF WNY

24 A.D.3d 1266 (2005)

805 N.Y.S.2d 889

RAYMOND GUARNIERI et al., Plaintiffs, v. ESSEX HOMES OF WNY, Defendant and Third-Party Plaintiff-Appellant. KENNETH KRIEGER, Doing Business as KRIEGER BUILDERS, Third-Party Defendant-Respondent.

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

December 22, 2005.

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

Memorandum:

Plaintiffs commenced this action to recover damages for injuries sustained by Raymond Guarnieri (plaintiff) when he fell during the construction of a garage roof. Defendant and third-party plaintiff, the general contractor, commenced a third-party action against plaintiff's employer seeking contractual indemnification. Supreme Court properly...

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