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DeGRAFF v. COLONTONIO

531885.

202 A.D.3d 1297 (2022)

163 N.Y.S.3d 673

2022 NY Slip Op 01074

Ritchie DeGraff, Appellant, v. William Colontonio, Doing Business as Fine Woodworking By William, Respondent. (And a Third-Party Action.)

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

Decided February 17, 2022.

Attorney(s) appearing for the Case

Mainetti & Mainetti, PC, Kingston (John T. Casey, Jr., Troy, of counsel), for appellant.

Hannum Feretic Prendergast & Merlino, LLC, New York City (Jon Pisiewski of counsel), for respondent.

Garry, P.J., Aarons, Reynolds Fitzgerald and Fisher, JJ., concur.

In July 2016, plaintiff was hired by defendant to construct a one-story, single-family house for defendant and his spouse. Defendant rented a lull for the job—a four-wheeled machine with a hydraulic forked arm used to lift and transport materials, similar to a forklift. In August 2016, plaintiff was wrapping the house in Tyvek,...

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