This action arises out of an accident in which plaintiff's decedent, an employee of third-party defendant EMD Construction Corp., was killed when he fell off the roof of a school building while engaged on a construction project. A suit alleging negligence and breach of statutory duty was subsequently commenced against defendants, the City of New York and the New York City Board of Education, the owner and operator of the building. Defendants thereafter impleaded EMD for common...
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