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HARRINGTON v. FERNET

512859.

92 A.D.3d 1070 (2012)

937 N.Y.S.2d 746

2012 NY Slip Op 890

MARK HARRINGTON et al., Respondents, v. GARY FERNET et al., Defendants, and CHARLEW CONSTRUCTION COMPANY, INC., Defendant and Third-Party Plaintiff-Appellant. STACY HARRINGTON et al., Third-Party Defendants-Respondents.

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

Decided February 9, 2012.

EGAN JR., J.

In September 2006, plaintiff Mark Harrington (hereinafter Harrington) was an employee of third-party defendant M&A Construction,1 a framing contractor hired by defendant Charlew Construction Company, Inc. to work on a residential housing development in the City of Troy, Rensselaer County.2 On the day in question, Harrington was using a Hitachi pneumatic framing gun loaded with 23/8-inch nails...

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