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McKEE v. GREAT ATLANTIC & PACIFIC TEA COMPANY

2009-03389

73 A.D.3d 872 (2010)

905 N.Y.S.2d 601

ANTHONY McKEE et al., Appellants, v. GREAT ATLANTIC & PACIFIC TEA COMPANY, Doing Business as WALDBAUMS, Respondent, and C. RAIMONDO & SONS CONSTRUCTION COMPANY, INC., Defendant/Third-Party Plaintiff-Respondent. AVON CONTRACTORS, Third-Party Defendant-Respondent.

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

Decided May 11, 2010.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs payable by the plaintiffs to the defendant Great Atlantic & Pacific Tea Company, doing business as Waldbaums, and the third-party defendant, Avon Contractors.

The plaintiff Anthony McKee (hereinafter McKee) was injured while working on a renovation and extension project at a Waldbaums store owned by the defendant Great Atlantic & Pacific Tea Company, doing business as Waldbaums...

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