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MUSSELMAN v. CHARLES A. GAETANO CONSTRUCTION CORPORATION

277 A.D.2d 691 (2000)

716 N.Y.S.2d 466

LARRY L. MUSSELMAN et al., Appellants, v. CHARLES A. GAETANO CONSTRUCTION CORPORATION et al., Respondents. (And Two Third-Party Actions.)

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

Decided November 16, 2000.

Rose, J.

This case arises out of injuries sustained by plaintiff Larry L. Musselman while he was exiting from a swing scaffold used in performing waterproofing work for his employer, third-party defendant Lupini Construction, Inc. (hereinafter Lupini) at a school building undergoing renovation. The construction manager on the site was defendant Barry, Bette & Led Duke, Inc. (hereinafter BBL). Defendant Charles A. Gaetano Construction Corporation (hereinafter Gaetano...

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