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BIN GU v. PALM BEACH TAN, INC.

2010-00302.

81 A.D.3d 867 (2011)

917 N.Y.S.2d 661

BIN GU, Appellant, v. PALM BEACH TAN, INC., Defendant/ Third Third-Party Plaintiff/Fourth Third-Party Plaintiff, NORTHEAST TAN, LLC, et al., Defendants/Third Third-Party Plaintiffs/ Fourth Third-Party Plaintiffs-Respondents, CONTEMPORARY ENVIRONMENTAL MANAGEMENT, INC., Doing Business as CONTEMPORARY CONSTRUCTION, Defendant/Third-Party Plaintiff-Respondent, RD MANAGEMENT LLC et al., Defendants-Respondents, and NEW YORK CONNECTICUT DEVELOPMENT CORP., Defendant/Third-Party Defendant/Second Third-Party Plaintiff/ Third Third-Party Defendant-Respondent, et al., Defendants. SMART CHOICE OF NEW YORK, INC., Second Third-Party Defendant/Fourth Third-Party Defendant-Respondent.

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

Decided February 22, 2011.

Ordered that the order is affirmed insofar as appealed from, with costs payable to the defendants Northeast Tan, LLC, and CT Tan, LLC, the defendants FB Mt. Kisco Owner, LLC, and RD Management LLC, and the second third-party defendant/ fourth third-party defendant, Smart Choice of New York, Inc., appearing separately and filing separate briefs.

In September 2006 the plaintiff, an employee of Smart Choice of New York, Inc., was installing sheetrock in the course of...

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