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SIMOES v. IORIO CONSTR. CO., INC.

63 A.D.2d 906 (1978)

Anthony Simoes, Appellant, v. Iorio Construction Co., Inc., et al., Respondents, and Iorio Construction Co., Inc., Third-Party Plaintiff. Intas-Manna, Inc., Third-Party Defendant

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

June 15, 1978

Unanimously reversed, on the law, vacated, and the matter remanded for a new trial, with $60 costs and disbursements to abide the event.

It was error, requiring reversal and a new trial, for the court to charge that "any adequate covering would be sufficient" as to an opening through which plaintiff, a carpenter at a construction site, fell. According to the testimony this opening was concealed by "a couple of pieces of...

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