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DAVIS v. EAB-TAB ENTERS.

526451.

166 A.D.3d 1449 (2018)

88 N.Y.S.3d 302

2018 NY Slip Op 08225

Kody Davis et al., Respondents, v. EAB-TAB Enterprises et al., Defendants and Third-Party Plaintiffs-Respondents; Utica First Insurance Company, Third-Party Defendant-Appellant.

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

Decided November 29, 2018.

In March 2015, plaintiff Kody Davis, a laborer who was working short term with defendant Thomas Bender on sheetrock and painting in a building owned by defendants, was injured when a drill operated by Bender penetrated the floor where he was working and made contact with Davis' foot. In July 2015, Davis and his spouse, derivatively...

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