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PESTA v. CITY OF JOHNSTOWN

503596.

2008 NY Slip Op 06328

RONALD PESTA, Plaintiff, v. CITY OF JOHNSTOWN, Defendant and Third-Party Plaintiff-Respondent; PETER LUIZZI & BROTHERS CONTRACTING, INC., Third-Party Defendant-Appellant.

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

Decided and Entered: July 17, 2008.

Attorney(s) appearing for the Case

Davidson & O'Mara, P.C., Elmira (Donald S. Thomson of counsel), for third-party defendant-appellant.

Friedman, Hirschen & Miller, L.L.P., Albany (Jeanne M.G. Lloyd of counsel), for defendant and third-party plaintiff-respondent.

Before: Mercure, J.P., Rose, Lahtinen, Kavanagh and Stein, JJ.

MEMORANDUM AND ORDER

LAHTINEN, J.

This appeal involves a dispute over the applicability of the antisubrogation rule. Plaintiff, an employee of third-party defendant, Peter Luizzi & Brothers Contracting (hereinafter Luizzi), was working on a road paving project that Luizzi had contracted to complete for defendant. Plaintiff sustained serious injuries, resulting in amputation of both his legs, when he was struck on the construction site by a dump truck...

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