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LODATO v. GREYHAWK NORTH AMERICA, LLC

39 A.D.3d 494 (2007)

834 N.Y.S.2d 239

CHARLES LODATO, Respondent, v. GREYHAWK NORTH AMERICA, LLC, Defendant and Third-Party Plaintiff-Appellant, et al., Defendant. NAGAN CONSTRUCTION, INC., Third-Party Defendant and Second Third-Party Plaintiff-Appellant; MAGARA CONSTRUCTION, INC., et al., Second Third-Party Defendants.

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

Decided April 3, 2007.

Ordered that the judgment is modified, on the law, by deleting the provision thereof awarding the plaintiff damages for past and future lost earnings in the principal sum of $1,131,330 and substituting therefor a provision dismissing those claims; as so modified, the judgment is affirmed insofar as appealed from, with one bill of costs payable by the plaintiff to the defendant Greyhawk North America, LLC.

The plaintiff allegedly was injured while performing work on...

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