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CARBOY, JR. v. CAULDWELL-WINGATE COMPANY, INC.

43 A.D.3d 261 (2007)

841 N.Y.S.2d 20

CORNELIUS CARBOY, JR., et al., Respondents, v. CAULDWELL-WINGATE COMPANY, INC., Appellant, et al., Defendants. (And Other Actions.) CAULDWELL-WINGATE COMPANY, INC., Third Third-Party Plaintiff-Appellant, v. CONSOLIDATED ELECTRIC CONSTRUCTION CO. et al., Third Third-Party Defendants-Respondents.

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

Decided August 2, 2007.

On February 6, 2001, plaintiff, Cornelius Carboy, Jr., who was employed by Skyline Sheet Metal as a draftsman and was assigned to work at the soon-to-be-opened fitness center in the World Financial Center, was injured when he walked through the double glass doors that served as the entrance of the fitness center, took two steps and fell into what he described as "one big area and it was one big hole." It is undisputed that Consolidated, the electrical subcontractor, was installing...

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