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ROBINSON v. EAST MED. CTR.

6 N.Y.3d 550 (2006)

847 N.E.2d 1162

814 N.Y.S.2d 589

DOUGLAS ROBINSON, Appellant, v. EAST MEDICAL CENTER, LP, et al., Defendants. HUEBER-BREUER CONSTRUCTION CO., INC., Third-Party Plaintiff, v. BURNS BROS. CONTRACTORS, INC., Third-Party Defendant-Respondent.

Court of Appeals of the State of New York.

Decided April 4, 2006.

Attorney(s) appearing for the Case

Amdursky, Pelky, Fennell & Wallen, P.C., Oswego (Timothy J. Fennell and Joseph E. Wallen of counsel), for appellant.

Costello, Cooney & Fearon, PLLC, Syracuse (Daniel P. Fletcher and Nicole M. Marlow of counsel), for third-party defendant-respondent.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO and R.S. SMITH concur.

OPINION OF THE COURT

READ, J.

Plaintiff Douglas W. Robinson, a journeyman plumber, was injured on June 23, 1998 while working for Burns Brothers Contractors, Inc. at the construction site for a new medical condominium complex in Fayetteville, New York. Burns Brothers was a plumbing subcontractor on the project.

Plaintiff arrived at the job site at 7:00 A.M. that day, intending to continue to install...

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