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CHOINSKI v. BANK OF NEW YORK LEASE SERVICING

0002805/2003, Motion Cal. No: 10, Motion Seq. No: 12, No. 350608/03, No. 35038/05, No. 350484/05

2008 NY Slip Op 31969 (U)

PAWEL CHOINSKI, KAZIMIERZ KUKACKI, and MAREK TRUSKOLASKI, Plaintiffs, v. BANK OF NEW YORK LEASE SERVICING, Defendant. BANK OF NEW YORK, INC. s/h/a BANK OF NEW YORK LEASING SERVICING, Third-Party Plaintiff, v. AMERICAN HI-TECH, INC., Third-Party Defendant. AMERICAN HI-TECH, INC., Second Third-Party Plaintiff, v. AMERICAN SCAFFOLDING CORP., Second Third-Party Defendant. AMERICAN HI-TECH, INC., Third Third-Party Plaintiff, v. VALEIRO ASSOCIATES CONSULTING ENGINEERS, P.C., Third Third-Party Defendant. AMERICAN HI-TECH, INC., Fourth Third-Party Plaintiff, v. SKY CLIMBER, INC., Fourth Third-Party Defendant.

Supreme Court of the State of New York, Queens County.

Motion Date: April 23, 2008

Patricia P. Satterfield, Judge.

Upon the foregoing papers, it is ordered that the motion and cross-motion are disposed of as follows:

This is a labor law action for injuries allegedly sustained on November 29, 2001 by plaintiffs, laborers at a construction work site, while they were standing on top of a mechanical platform which was at an elevation of approximately 100 feet. Plaintiffs move for an order, pursuant to CPLR § 3126, striking the answers of...

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