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CUETO v. HAMILTON PLAZA COMPANY, INC.

2008-09679.

67 A.D.3d 722 (2009)

889 N.Y.S.2d 66

2009 NY Slip Op 08171

VICTOR CUETO, Plaintiff, v. HAMILTON PLAZA COMPANY, INC., et al., Defendants, and RECKSON CONSTRUCTION AND DEVELOPMENT, LLC, Defendant and Third-Party Plaintiff-Respondent, et al., Third-Party Defendant. SPECIAL TRADES CONTRACTING AND CONSTRUCTION TRUST, Nonparty Appellant.

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

Decided November 10, 2009.

Ordered that the order is affirmed, with one bill of costs to the defendant third-party plaintiff-respondent.

On October 18, 2004 the plaintiff Victor Cueto, a construction worker, allegedly was injured when a portion of a ceiling fell on him at a construction project in White Plains. After the plaintiff's workers' compensation claim against his employer Arkay Contracting (hereinafter Arkay) was settled, the plaintiff commenced an action to recover damages for personal...

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