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FRIED v. ALWAYS GREEN, LLC

2009-08925.

77 A.D.3d 788 (2010)

910 N.Y.S.2d 452

JOEL FRIED, Appellant-Respondent, v. ALWAYS GREEN, LLC, Defendant/Third-Party Plaintiff-Respondent-Appellant. CASTLE HOUSE DEVELOPMENT INC., Third-Party Defendant-Respondent.

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

Decided October 19, 2010.

Ordered that the order is affirmed insofar as appealed and cross-appealed from, with one bill of costs payable by the defendant/third-party plaintiff to the third-party defendant, and one bill of costs payable by the plaintiff to the defendant/third-party plaintiff.

The plaintiff, an employee of the third-party defendant, Castle House Development, Inc. (hereinafter Castle House), allegedly was injured while standing outside a construction project in

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