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OSNATO v. NEW YORK CITY TRANSIT AUTH.

172 A.D.2d 597 (1991)

William A. Osnato, Appellant, v. New York City Transit Authority, Defendant and Third-Party Plaintiff-Respondent, and Penta Construction Corporation/Eugene Goldman, Inc., Respondent. Yonkers Contracting Company, Inc., Third-Party Defendant-Respondent

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

April 8, 1991

Ordered that the judgment is affirmed, with one bill of costs payable to the respondents appearing separately and filing separate briefs.

The plaintiff William Osnato was injured on June 26, 1984, when a pavement breaker he was operating struck his left foot. At the time of the accident, Osnato was employed by the third-party defendant Yonkers Contracting Company, Inc. (hereinafter Yonkers Contracting), a subcontractor hired by

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