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NEPHEW v. KLEWIN BUILDING COMPANY, INC.

21 A.D.3d 1419 (2005)

804 N.Y.S.2d 157

KELLY NEPHEW, SR., et al., Respondents, v. KLEWIN BUILDING COMPANY, INC., et al., Appellants, et al., Defendants. McPHEE ELECTRIC LTD., LLC, Third-Party Plaintiff-Appellant-Respondent, v. FERGUSON ELECTRIC CONSTRUCTION CO., INC., Third-Party Defendant-Respondent-Appellant. (Appeal No. 1.)

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

September 30, 2005.

It is hereby ordered that the appeal insofar as it concerns the cross motion of defendant-third-party plaintiff be and the same hereby is unanimously dismissed (see Loafin' Tree Rest. v. Pardi [appeal No. 1], 162 A.D.2d 985 [1990]) and the order is affirmed without costs.

Memorandum:

Plaintiffs commenced this action seeking damages for injuries sustained by Kelly Nephew, Sr. (plaintiff) when he fell from an eight...

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