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PITRUZELLO v. GELCO BUILDERS, INC.

304 A.D.2d 302 (2003)

757 N.Y.S.2d 280

PHYLLIS PITRUZELLO et al., Plaintiffs, v. GELCO BUILDERS, INC., Defendant and Third-Party Plaintiff-Respondent. LS TRANSIT SYSTEM, INC., Third-Party Defendant-Respondent and METRO-NORTH COMMUTER RAILROAD COMPANY et al., Third-Party Defendants-Appellants. (And a Fourth-Party Action.)

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided April 1, 2003.

This action arises out of an accident that occurred on December 5, 1996 when plaintiff Phyllis Pitruzello slipped and fell on an accumulation of ice on the southbound Woodlawn Metro-North train station platform. The area where she fell is described as a "birdbath," or indentation in the cement platform, which had filled with water that had frozen, creating an icy condition. The platform was undergoing a renovation by defendant Gelco Builders, Inc., whose work, as the general...

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