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GILBERT v. ALBANY MEDICAL CENTER

21 A.D.3d 677 (2005)

799 N.Y.S.2d 685

THOMAS J. GILBERT, Plaintiff, v. ALBANY MEDICAL CENTER et al., Defendants and Third-Party Plaintiffs-Respondents. AC AND S, INC., Third-Party Defendant-Appellant.

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

August 11, 2005.

Lahtinen, J.

Plaintiff was injured while working on an asbestos removal project and successfully established Labor Law § 240 (1) liability of the owners, defendants Albany Medical Center and Albany Medical Center Hospital (hereinafter collectively referred to as AMC) (9 A.D.3d 643 [2004]). AMC commenced a third-party action against plaintiff's employer (hereinafter the employer) alleging that the employer was contractually...

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