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SMITH v. AJ CONTRACTING COMPANY, INC.

277 A.D.2d 305 (2000)

716 N.Y.S.2d 77

LLEWLYN SMITH et al., Plaintiffs, v. AJ CONTRACTING COMPANY, INC., et al., Defendants and Third-Party Plaintiffs-Appellants, and NEIGHBORHOOD PARTNERSHIP HOUSING DEVELOPMENT FUND COMPANY, INC., et al., Defendants. L & L PAINTING CO., INC., Third-Party Defendant-Respondent, et al., Third-Party Defendant. (And Another Third-Party Action.)

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

Decided November 13, 2000.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the aforementioned branch of the motion is denied.

The injured plaintiff Llewlyn Smith was employed by L & L Painting Co., Inc. (hereinafter L & L) as a painter on a construction project located at 625 Atlantic Avenue in Brooklyn (hereinafter the project). L & L was the painting subcontractor on the project. On October 14, 1996, while Llewlyn was performing his duties...

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