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SARMIENTO v. KLAR REALTY CORP.

35 A.D.3d 834 (2006)

829 N.Y.S.2d 134

GABRIEL SARMIENTO, Plaintiff, v. KLAR REALTY CORP. et al., Defendants, and VICTOR ZUCCHI AND SON, INC., Defendant and Third-Party Plaintiff-Respondent. DAN OLAH EXTERIORS, INC., Third-Party Defendant-Appellant.

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

Decided December 26, 2006.

Ordered that the order is affirmed, with costs.

The plaintiff allegedly sustained injuries when he fell from a roof of a premises in Chester, New York, within the scope of his employment with the third-party defendant, Dan Olah Exteriors, Inc. (hereinafter Olah). Summary judgment was awarded in the plaintiff's favor under Labor Law § 240 against the owner of the housing development and the surety that had assumed the general contractor's duties, but there was...

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