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SARAGO v. IROQUOIS FENCE, INC.

515 CA 21-00489.

206 A.D.3d 1654 (2022)

167 N.Y.S.3d 417

2022 NY Slip Op 03654

Joseph Sarago, Respondent, v. Iroquois Fence, Inc., Respondent, and Iskalo Development Corp. et al., Appellants/Third-Party Plaintiffs-Appellants. Janitronics, Inc., Third-Party Defendant-Respondent.

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

Decided June 3, 2022.

Attorney(s) appearing for the Case

SUGARMAN LAW FIRM, LLP, SYRACUSE ( JENNA W. KLUCSIK OF COUNSEL), FOR DEFENDANTS-APPELLANTS AND THIRD-PARTY PLAINTIFFS-APPELLANTS.

LEWIS & LEWIS, P.C., BUFFALO ( ADAM DELLEBOVI OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

LAW OFFICES OF DESTIN C. SANTACROSE, BUFFALO ( RICHARD S. POVEROMO OF COUNSEL), FOR DEFENDANT-RESPONDENT.

HURWITZ & FINE, BUFFALO ( STEVEN E. PEIPER OF COUNSEL), FOR THIRD-PARTY DEFENDANT-RESPONDENT.

Present—Whalen, P.J., Smith, Peradotto and Winslow, JJ.

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

Memorandum: Plaintiff commenced this action seeking damages for injuries allegedly sustained when he was hit on the head by a falling piece of fencing that had been sold and installed by defendant Iroquois Fence, Inc. (Iroquois Fence). The incident occurred while plaintiff was on property owned by defendants-third-party plaintiffs Iskalo Development Corp. and Iskalo Real Estate...

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