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NICHOLAS v. EPO-HARVEY APARTMENTS, LIMITED PARTNERSHIP

31 A.D.3d 1174 (2006)

818 N.Y.S.2d 880

JOHN M. NICHOLAS et al., Plaintiffs, v. EPO-HARVEY APARTMENTS, LIMITED PARTNERSHIP, et al., Defendants. SAVARINO CONSTRUCTION SERVICES CORP., Third-Party Plaintiff-Respondent, v. W.C. ROBERSON PLUMBING & CONSTRUCTION CORP., Third-Party Defendant-Appellant.

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

July 7, 2006.

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 John M. Nicholas (plaintiff) when he was struck by a trackhoe while performing construction work. Defendant and third-party plaintiff Savarino Construction Services Corp. (Savarino), the general contractor, commenced a third-party action against plaintiff's employer...

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