Harrington v. Fernet
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtEgan Jr., J.
In September 2006, plaintiff Mark Harrington (hereinafter Harrington) was an employee of third-party defendant M&A Construction,1 a framing contractor hired by defendant Charlew Construction Company, Inc. to work on a residential housing development in the City of Troy, Rensselaer County.2 On the day in question, Harrington was using a Hitachi pneumatic framing gun loaded with 23/s-inch nails to attach sheathing to the exterior walls of one of the residences. Proper operation of the framing gun entailed a two-step process: first placing the nose of the gun against the work surface and then…
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