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COLE v. MRAZ

3429, 3430, 112295/05, 3430A, 590743/06, 590114/09, 590359/10

77 A.D.3d 526 (2010)

909 N.Y.S.2d 708

STEVEN COLE, Plaintiff, v. JASON MRAZ et al., Defendants/Third-Party Plaintiff. DELICATE PRODUCTIONS, INC., Third-Party Defendant-Appellant-Respondent, and THE BEACON THEATER et al., Third-Party Defendants-Respondents-Appellants, et al., Third-Party Defendants.

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

Decided October 21, 2010.

Plaintiff, a union stagehand, was injured when a light fixture fell on his head at the Beacon Theater as he was cleaning the stage after a performance by defendant Mraz. Plaintiff sued, inter alia, Mraz and Delicate, the company from whom Mraz leased the lighting equipment. Mraz, in turn, commenced a third-party action against Delicate, the Beacon Theater, and Babylon. In its answer to the third-party action, Delicate asserted cross...

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