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MIRANDA v. NORSTAR BLDG. CORP.

509447.

79 A.D.3d 42 (2010)

909 N.Y.S.2d 802

JOSEPH MIRANDA III, an Incapacitated Person, by His Guardians, JOSEPH MIRANDA Jr. et al., Appellant-Respondent, v. NORSTAR BUILDING CORPORATION et al., Defendants and Third-Party Plaintiffs-Appellants-Respondents, and PINNACLE ROOFING, INC., Defendant and Third-Party Plaintiff-Respondent-Appellant, et al., Defendants, JOSEPH RUSSO, Doing Business as NORTHERN CONSTRUCTION TECHNOLOGIES, Third-Party Defendant-Respondent-Appellant.

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

Decided October 28, 2010.

Attorney(s) appearing for the Case

Pentkowski, Pastore & Freestone, Clifton Park ( David H. Pentkowski of counsel), for appellant-respondent.

Roemer, Wallens, Gold & Mineaux, Albany ( Matthew J. Kelly of counsel), for defendants and third-party plaintiffs-appellants-respondents.

Conway & Kirby, L.L.P., Latham ( Denis R. Hurley Jr. of counsel), for defendant and third-party plaintiff-respondent-appellant.

Burke, Scolamiero, Mortati & Hurd, Hudson ( Melissa J. Smallacombe of counsel), for third-party defendant-respondent-appellant.

PETERS, J.P., ROSE, LAHTINEN and McCARTHY, JJ., concur.

OPINION OF THE COURT

GARRY, J.

Plaintiff sustained a traumatic brain injury when he fell approximately 30 feet from a roof while working on a construction project in the City of Albany. Plaintiff's parents, acting as his guardians pursuant to Mental Hygiene Law article 81, commenced this action on his behalf alleging common-law negligence and violations of Labor Law §§ 200, 240 (1) and § 241 (6). Defendants are: the owners, Swan Street Homes...

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