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OAKES v. WAL-MART REAL ESTATE

514124.

99 A.D.3d 31 (2012)

948 N.Y.S.2d 748

2012 NY Slip Op 5694

DARBY J. OAKES et al., Appellants-Respondents, v. WAL-MART REAL ESTATE BUSINESS TRUST et al., Respondents-Appellants. (And a Third-Party Action.)

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

Decided July 19, 2012.

Attorney(s) appearing for the Case

Law Office of John A. Piasecki , Malone and Daniel A. Fried , New York City, for appellants-respondents.

Lewis, Brisbois, Bisgaard & Smith, LLP, New York City ( Michael N. Jagiani of counsel), for Wal-Mart Real Estate Business Trust and another, respondents-appellants.

Napierski, Vandenburgh, Napierski & O'Connor, LLP, Albany ( Mark J. Dolan of counsel), for Luck Brothers, Inc., respondent-appellant.

ROSE, STEIN and McCARTHY, JJ., concur.

OPINION OF THE COURT

MERCURE, J.P.

Plaintiff Darby J. Oakes (hereinafter plaintiff) and his wife, derivatively, commenced this personal injury action after his legs were crushed in an accident on the premises of a construction site owned by defendant Wal-Mart Real Estate Business Trust in the Town of Massena, Franklin County. Plaintiff, an iron worker, was employed as a supervisor by third-party defendant...

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