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GIANGROSSO v. KUMMER DEVELOPMENT CORPORATION

8 A.D.3d 1037 (2004)

778 N.Y.S.2d 332

DOMINIC GIANGROSSO, Respondent, v. KUMMER DEVELOPMENT CORPORATION et al., Respondents, and CONCEPT CONSTRUCTION CORP., Appellant, et al., Defendants.

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

June 14, 2004.

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

Memorandum:

Plaintiff commenced this Labor Law and common-law negligence action seeking damages for injuries he sustained when he was struck by a large piece of concrete that fell from a mezzanine in a storage area. Supreme Court properly denied the motion of defendant Concept Construction Corp. (Concept) seeking summary judgment dismissing the...

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