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KARCZ v. KLEWIN BUILDING COMPANY, INC.

1026 CA 10-00858.

77 A.D.3d 1367 (2010)

909 N.Y.S.2d 608

JOHN W. KARCZ, JR., et al., Respondents, v. KLEWIN BUILDING COMPANY, INC., et al., Defendants, and R.B. U'REN EQUIPMENT RENTAL, INC., Appellant/Third-Party Plaintiff-Appellant. MADER CONSTRUCTION COMPANY, Third-Party Defendant-Respondent.

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

Decided October 1, 2010.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum:

Plaintiffs commenced this Labor Law and common-law negligence action seeking damages for injuries sustained by John W. Karcz, Jr. (plaintiff) when his right arm was struck by a ceiling truss that he was attempting to lift up to a coworker standing on the aerial platform of a scissor lift. The scissor lift was owned by defendant/third-party plaintiff, R.B...

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