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OFRI v. WALDBAUM, INC.

285 A.D.2d 536 (2001)

728 N.Y.S.2d 74

EYAL OFRI et al., Appellants, v. WALDBAUM, INC., Defendant and Third-Party Plaintiff-Respondent. LODATO ENTERPRISES, INC., Third-Party Defendant-Respondent.

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

Decided July 16, 2001.

Ordered that the plaintiffs' notice of appeal from the order is deemed a premature notice of appeal from the judgment (see, CPLR 5520 [c]); and it is further,

Ordered that the judgment is affirmed insofar as appealed from, with costs.

Immediately prior to demolishing a wall upon which numerous mirrored panels were affixed, the plaintiff Eyal Ofri (hereinafter the plaintiff) allegedly was injured by a falling piece of a broken mirror. The mirrors were...

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