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PIAZZA v. CIMINELLI CONSTRUCTION CO., INC.

12 A.D.3d 1059 (2004)

785 N.Y.S.2d 207

PAUL PIAZZA et al., Plaintiffs, v. FRANK L. CIMINELLI CONSTRUCTION CO., INC., et al., Defendants. MENORAH CAMPUS, INC., et al., Third-Party Plaintiffs, v. ACKERMAN & HUEBSCH, INC., Third-Party Defendant. FRANK L. CIMINELLI CONSTRUCTION CO., INC., Third-Party Plaintiff-Respondent, v. ACKERMAN & HUEBSCH, INC., et al., Third-Party Defendants, and MADER CONSTRUCTION CORPORATION, Third-Party Defendant-Appellant.

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

November 19, 2004.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed with costs.

Memorandum:

Plaintiffs commenced this common-law negligence and Labor Law action seeking damages for burn/inhalation injuries sustained by Paul Piazza (plaintiff) in an explosion while he was using a torch to solder copper joints in a crawl space. Plaintiffs alleged that plaintiff was not able to smell...

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