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RODRIGUEZ v. PARAMOUNT DEVELOPMENT ASSOCIATES, LLC

2008-07993.

67 A.D.3d 767 (2009)

888 N.Y.S.2d 595

2009 NY Slip Op 08204

NOE RODRIGUEZ et al., Respondents, v. PARAMOUNT DEVELOPMENT ASSOCIATES, LLC, et al., Defendants, and JMB ARCHITECTURE, LLC, Appellant. (And Third-Party Actions.)

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

Decided November 10, 2009.

Ordered that the order is affirmed, with costs.

The plaintiff Noe Rodriguez (hereinafter the injured plaintiff) allegedly was injured while performing concrete work on the construction of a private residence owned by the defendants Joseph Direnzo and Angela Direnzo (hereinafter together the Direnzos). The accident occurred when the injured plaintiff was cutting rebar with a concrete saw, and a metal shard hit him in the eye. The defendant third-party defendant JMB...

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