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KINDLON v. SCHOHARIE CENTRAL SCHOOL DISTRICT

506600.

66 A.D.3d 1200 (2009)

887 N.Y.S.2d 310

2009 NY Slip Op 7555

KENNETH T. KINDLON, Appellant-Respondent, v. SCHOHARIE CENTRAL SCHOOL DISTRICT, Respondents-Appellants, and BOVIS LEND LEASE LMB, INC., Respondent.

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

Decided October 22, 2009.

Kane, J.

Plaintiff's employer was a subcontractor responsible for removing part of the roof on a school building undergoing renovations. While plaintiff was walking on a portion of the roof where the rubber and insulation had been removed, leaving only gypsum board and metal joists, the gypsum board beneath him gave way, causing him to fall at least 10 feet to the floor of the room below. To recover for injuries he sustained...

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