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COOK v. ORCHARD PARK ESTATES, INC.

508231.

73 A.D.3d 1263 (2010)

902 N.Y.S.2d 674

CHRISTOPHER COOK, Respondent, v. ORCHARD PARK ESTATES, INC., Defendant, SCOTT VENTURES et al., Appellants, MATZEN CONSTRUCTION MANAGEMENT SERVICES, LLC, Respondent, and MATZEN COMPANY, INC., et al., Defendants and Third-Party Plaintiffs-Respondents. JOHN MAURO CO., Third-Party Defendant-Appellant. (And Another Related Action.)

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

Decided May 6, 2010.

Mercure, J.P.

Plaintiff, an employee of third-party defendant, John Mauro, Co., commenced this action to recover for injuries sustained as a result of a slip and fall accident at the construction site of a shopping plaza. Mauro had been hired as a subcontractor by defendant Matzen Construction, Inc., the general contractor, to perform exterior masonry work on the project, which was located on property owned by defendant Orchard Park Estates, Inc. and leased by defendant...

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