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TIBAK v. CITY OF NEW YORK

154 A.D.2d 313 (1989)

Arlene A. Tibak, Individually and as Executrix of Albert A. Tibak, Deceased, et al., Appellants, v. City of New York, Respondent and Third-Party Plaintiff-Respondent. Simpson and Brown, Inc., Third-Party Defendant-Respondent

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

October 31, 1989

Defendant City of New York had hired third-party defendant Simpson and Brown, Inc. to rehabilitate Pier 97 at West 57th Street in Manhattan. Plaintiff's decedent, Albert Tibak, a dockbuilder employed by third-party defendant Simpson and Brown, Inc., was killed when he was struck by a steel beam which fell from a crane operated by a coemployee. The crane was located on a barge owned by Simpson and Brown, floating in the Hudson River...

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