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VEGA v. RESTANI CONSTR. CORP.

No. 4.

18 N.Y.3d 499 (2012)

965 N.E.2d 240

942 N.Y.S.2d 13

2012 NY Slip Op 1148

MINERVA VEGA, Respondent, v. RESTANI CONSTRUCTION CORP. et al., Defendants, and GENERAL FENCE CORPORATION, Appellant.

Court of Appeals of New York.

Decided February 16, 2012.

Attorney(s) appearing for the Case

Amy Lynn Fenno , for appellant.

Brian J. Isaac , and Jillian Rosen of counsel for respondent.

Judges CIPARICK, GRAFFEO and JONES concur with Chief Judge LIPPMAN; Judge SMITH dissents in a separate opinion in which Judges READ and PIGOTT concur.

OPINION OF THE COURT

Chief Judge LIPPMAN.

We hold that plaintiff, a park maintenance worker, is entitled to a trial on the merits of her claim that a subcontractor's improper disposal of construction debris caused her serious and permanent injuries when, in the course of her employment in a Bronx park, she attempted to move a garbage barrel containing such waste. Whether or not plaintiff will ultimately prevail...

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