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CULLIN v. MAKELY

509917.

80 A.D.3d 1042 (2011)

914 N.Y.S.2d 788

TED P. CULLIN II, Respondent, v. ALTON D. MAKELY et al., Defendants and Third-Party Plaintiffs-Respondents, et al., Defendant. GREG FURLONG et al., Third-Party Defendants-Appellants.

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

Decided January 20, 2011.

McCARTHY, J.

While working as a laborer on a construction project, plaintiff fell because scaffolding he was standing on collapsed. He suffered lower leg trauma and fractures to his ankle. As a result of these injuries, plaintiff commenced this action against defendants, the owners of the property, alleging, among other things, violations of Labor Law §§ 240 and 241 (6). After plaintiff had his left leg amputated below the knee, defendants Alton D.

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