SALVAGNO v. J.P. SPANO AND COMPANY, INC.

2008-10765.

67 A.D.3d 986 (2009)

891 N.Y.S.2d 95

2009 NY Slip Op 08803

ANTHONY M. SALVAGNO, JR., Respondent, v. J.P. SPANO AND COMPANY, INC., Defendant and Third-Party Plaintiff. BRIAN FAY CONSTRUCTION, INC., Third-Party Defendant-Appellant.

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

Decided November 24, 2009.


Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff was employed by the appellant, Brian Fay Construction, Inc., which had been retained by the defendant third-party plaintiff, J.P. Spano and Company, Inc., the general contractor on a home construction project. On the day of the accident, the plaintiff, positioned at ground level, was installing wooden boards on the underside of a deck. Another worker (hereinafter the coworker) was...

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