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STEPHENS v. SKANSKA USA BUILDING, INC.

6825, 118106/06.

92 A.D.3d 534 (2012)

939 N.Y.S.2d 23

2012 NY Slip Op 1183

DYLAN STEPHENS, Appellant, v. SKANSKA USA BUILDING, INC., et al., Respondents, et al., Defendants.

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

Decided February 16, 2012.

Defendants established that they did not have notice of an unsafe environment or dangerous condition at the site where plaintiff worked from February 2005 through July 2005 (see Rajkumar v Budd Contr. Corp., 77 A.D.3d 595, 596 [2010]). The reports they submitted by environmental assessment entities that conducted testing at the site years before and after plaintiff worked there indicate that, where toxins or contaminants were present...

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