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SPARKS v. ESSEX HOMES OF WNY, INC.

20 A.D.3d 905 (2005)

798 N.Y.S.2d 293

DAVID A. SPARKS, Respondent, v. ESSEX HOMES OF WNY, INC., et al., Defendants. ESSEX HOMES OF WNY, INC., Third-Party Respondent, v. ALUMINUM GUTTERS, Doing Business as NIAGARA GUTTERS, Third-Party Defendant-Appellant. (Appeal No. 2.)

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

July 1, 2005.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Plaintiff commenced this Labor Law and common-law negligence action seeking damages for injuries he sustained when the fingers on his left hand were amputated by an electric saw that he was using to cut gutters in connection with the construction of a new home. Defendant-third-party plaintiff, Essex Homes of WNY, Inc. (Essex), was...

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