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LOMBARDI v. ALPINE OVERHEAD DOORS, INC.

2011-01365.

92 A.D.3d 921 (2012)

939 N.Y.S.2d 528

2012 NY Slip Op 1590

ROBERT LOMBARDI, Appellant, v. ALPINE OVERHEAD DOORS, INC., Defendant/Third-Party Plaintiff-Respondent, et al., Third-Party Defendant.

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

Decided February 28, 2012.

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

The plaintiff allegedly was injured while working as a laborer in the construction of the 100th Street bus depot in Manhattan. As the plaintiff was attempting to lift a roll-up door with his hands, it rapidly descended and caused him to fall onto his back. At the time of the occurrence, the plaintiff was employed by nonparty Perini Corp. (hereinafter Perini), the general contractor on the project...

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