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ROOSA v. CORNELL REAL PROPERTY SERVICING, INC.

38 A.D.3d 1352 (2007)

831 N.Y.S.2d 784

DANIEL ROOSA et al., Appellant-Respondents, v. CORNELL REAL PROPERTY SERVICING, INC., et al., Respondents-Appellants. DAVID CHRISTA CONSTRUCTION, INC., Third-Party Plaintiff, v. SPRING LAKE EXCAVATING, Third-Party Defendant-Respondent-Appellant.

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

Decided March 16, 2007.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by denying those parts of the motions of defendants David Christa Construction, Inc. and David Christa Construction, LLC and third-party defendant with respect to the common-law negligence and Labor Law § 200 claims and reinstating those claims against those defendants and by granting those parts of the motions with...

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