OSOWSKI v. AMEC CONSTR. MGT.

5358, 5359, 5359A.

69 A.D.3d 99 (2009)

887 N.Y.S.2d 11

FRANK OSOWSKI et al., Plaintiffs, v. AMEC CONSTRUCTION MANAGEMENT, INC., et al., Defendants/Third-Party Plaintiffs-Appellants. DCM ERECTORS, INC., Third-Party Defendant Respondent.

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

Decided October 8, 2009.


Attorney(s) appearing for the Case

Shaub Ahmuty Citrin & Spratt, LLP, Lake Success (Steven J. Ahmuty, Jr., of counsel), for appellants.

Mauro Goldberg & Lilling LLP, Great Neck (Kenneth Mauro, Matthew W. Naparty and Anthony F. DeStafano of counsel), for respondent.

SAXE, J.P., McGUIRE, MOSKOWITZ and ACOSTA, JJ., concur.


OPINION OF THE COURT

CATTERSON, J.

This action arises out of an accident that occurred during the construction of the New York Times Building in Midtown Manhattan. On May 13, 2005, the plaintiff Frank Osowski was seriously injured when a four-ton steel beam fell on him while he was unloading a truck at the construction project. As a result of the accident, Osowski's left leg and multiple toes on his right foot were amputated.

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