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SILVIA v. BOW TIE PARTNERS, LLC

508888.

77 A.D.3d 1143 (2010)

909 N.Y.S.2d 202

JOSEPH C. SILVIA, III, et al., Respondents, v. BOW TIE PARTNERS, LLC, et al., Defendants, and SCOTIA HOLDINGS et al., Defendants and Third-Party Plaintiffs-Appellants. D & B ACOUSTICAL, Third-Party Defendant-Appellant.

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

Decided October 21, 2010.

STEIN, J.

While working at a construction site owned by defendant Scotia Holdings, at which defendant BBL Construction Services, LLC was the general contractor, plaintiff Joseph C. Silvia, III (hereinafter plaintiff) was injured when a plank on which he was standing as part of a makeshift scaffold1 broke beneath him, causing him to fall several feet. Plaintiff and his wife, derivatively, commenced this action asserting, among other things...

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