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WARD v. CORNING PAINTED POST AREA SCH. DIST.

957 CA 19-01968.

192 A.D.3d 1563 (2021)

2021 NY Slip Op 01650

Patrick Ward, Appellant, v. Corning Painted Post Area School District et al., Respondents, et al., Defendant. Streeter Associates, Inc., Third-Party Plaintiff, v. Tap Steel, Inc., Third-Party Defendant-Respondent.

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

Decided March 19, 2021.

Attorney(s) appearing for the Case

WELCH, DONLON & CZARPLES, PLLC, CORNING ( MICHAEL A. DONLON OF COUNSEL), FOR PLAINTIFF-APPELLANT.

GOLDBERG SEGALLA LLP, BUFFALO ( RAUL E. MARTINEZ OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.

KENNEY SHELTON LIPTAK NOWAK LLP, BUFFALO ( AARON M. ADOFF OF COUNSEL), FOR THIRD-PARTY DEFENDANT-RESPONDENT.

Present—Smith, J.P., Carni, Troutman, Bannister and DeJoseph, JJ.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this Labor Law §§ 200, 240 (1); 241 (6), and common-law negligence action to recover damages for injuries he sustained when he fell from an extension ladder while carrying a 10-foot metal "pour stop" to the second floor of a building at a construction site. Plaintiff appeals from an order...

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