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GIBLIN v. PINE RIDGE LOG HOMES, INC.

42 A.D.3d 705 (2007)

840 N.Y.S.2d 196

MICHAEL P. GIBLIN, Respondent, v. PINE RIDGE LOG HOMES, INC., Defendant and Third-Party Plaintiff-Respondent-Appellant, et al., Defendants. MARTIN McCLARY, Doing Business as MARTY McCLARY'S POURED WALLS, Third-Party Defendant-Appellant-Respondent.

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

Decided July 12, 2007.

Mugglin, J.

Plaintiff, an employee of third-party defendant, Martin McClary, sustained an injury to his right eye which ultimately required it to be surgically removed. Defendant Pine Ridge Log Homes, Inc. had contracted for the construction of the shell of a log home for defendant Roy Fowler and Paula Fowler. Pine Ridge subcontracted the foundation work to McClary and plaintiff sustained his injury while removing concrete forms from the foundation. Plaintiff instituted...

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