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ZAWADZKI v. 903 E. 51ST STREET, LLC

2009-09631.

80 A.D.3d 606 (2011)

914 N.Y.S.2d 272

ZENON ZAWADZKI et al., Plaintiffs, v. 903 E. 51ST STREET, LLC, Defendant/Third-Party Plaintiff, ALTILIO CONSTRUCTION CORP., Defendant/Fourth-Party Plaintiff-Respondent, and FERRO FABRICATORS, INC., Defendant/Third-Party Defendant/Fourth-Party Defendant-Appellant.

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

Decided January 11, 2011.

Ordered that the order is affirmed insofar as appealed from, with costs.

On August 15, 2005, the plaintiff Zenon Zawadzki (hereinafter the injured plaintiff) was struck by a falling object while working at a construction project in Brooklyn (hereinafter the project). The defendant/third-party plaintiff 903 E. 51st Street, LLC (hereinafter 903 LLC), owned the premises, and the defendant/fourth-party plaintiff Altilio Construction...

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