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POLLACK v. SAFEWAY STEEL PRODUCTS, INC.

No. 03 Civ. 4067(WCC).

457 F.Supp.2d 444 (2006)

Emil POLLACK, Plaintiff, v. SAFEWAY STEEL PRODUCTS, INC., March Associates, Orangeburg Holding, LLC and Lowe's Home Centers, Inc., Defendants. Lowe's Home Centers, Inc., Third-Party Plaintiff, v. CMC Concrete Masonry, Third-Party Defendant. Safeway Steel Products, Inc., Second Third-Party Plaintiff, v. CMC Concrete Masonry, Second Third-Party Defendant.

United States District Court, S.D. New York.

September 29, 2006.

Attorney(s) appearing for the Case

Fellows, Hymowitz & Epstein, P.C., Steven R. Hymowitz, Esq., of counsel, New City, NY, for Plaintiff.

Colucci & Gallaher, P.C., Todd C. Bushway, Esq., of counsel, Buffalo, NY, for Defendant/Second Third-Party Plaintiff Safeway Steel Products, Inc.

Law Offices of Donald L. Frum, Jun Sato, Esq., Paul Zilberfein, Esq., of counsel, Elmsford, NY, for Defendant March Associates, Orangeburg Holding, LLC and Lowe's Home Centers, Inc.

Keane & Beane, P.C., James C. Borkowski, Esq., of counsel, White Plains, NY, for Third-Party Defendant/Second Third-Party Defendant CMC Concrete Masonry.

OPINION AND ORDER

CONNER, Senior District Judge.

Plaintiff Emil Pollack brings this action against defendants Safway Steel Products, Inc., ("Safway"), March Associates ("March"), Orangeburg Holding, LLC ("Orangeburg") and Lowe's Home Centers, Inc. ("Lowe's") (collectively, the "defendants") for violations of New York State Labor Law §§ 240(1), 241(6) and 200, common law negligence and strict products liability.1

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