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TONAJ v. ABC CARPET CO., INC.

43 A.D.3d 337 (2007)

841 N.Y.S.2d 482

PLLUM TONAJ et al., Respondents, v. ABC CARPET CO., INC., et al., Appellants. (And a Third-Party Action.)

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

Decided August 16, 2007.

Defendants ABC Carpet Co., Inc. (ABC) and 1055 Bronx River Avenue Partners, L.P., as owners, hired third-party defendant Eurolighting Inc. to paint a warehouse. On July 16, 1998, plaintiffs, employees of Eurolighting, were directed to scrape and prepare the ceiling and sprinkler pipes in the basement for painting. It is uncontested that scaffolds of both ABC and Eurolighting were present in the basement. However, there was conflicting testimony as to whether (1) the scaffolds...

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