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CERRATO v. THURCON CONSTR.

92 A.D.2d 89 (1983)

Vincenzo Cerrato et al., Appellants, v. Thurcon Construction Corp. et al., Defendants, and 211 Thompson Corp., Respondent

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

March 3, 1983

Attorney(s) appearing for the Case

Morton Miller of counsel (Toberoff & Broome, attorneys), for appellants.

Sandra E. Bentley of counsel (Howard R. Cohen with her on the brief; Bower & Gardner, attorneys), for respondent.

SULLIVAN, J. P., and SILVERMAN, J., concur with MILONAS, J.; BLOOM and KASSAL, JJ., dissent in an opinion by BLOOM, J.

MILONAS, J.

This action concerns a claim for damages arising out of serious injuries purportedly suffered on April 30, 1974 by plaintiff-appellant Vincenzo Cerrato, a laborer, when he fell through an open hoistway of a building then under construction. The owner of the structure was defendant-respondent 211 Thompson Corp., which is alleged to have negligently controlled and supervised the job in progress, thereby causing the accident. Defendant Thurcon...

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