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ALFIERI v. NEW YORK CITY TRANSIT AUTH.

190 A.D.2d 594 (1993)

Louis Alfieri, Jr., et al., Appellants, v. New York City Transit Authority, Respondent and Third-Party Plaintiff-Respondent. Dynamic Paint Corporation/Marke Decorating Corp., a Joint Venture, Third-Party Defendant-Respondent

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

February 18, 1993

Plaintiff, an employee of the third-party defendant Dynamic Paint Corporation/Marke Decorating Corp., a Joint Venture, commenced this personal injury action against defendant the New York City Transit Authority to recover damages for injuries allegedly sustained due to violations of the Labor Law and common law negligence.

Since the evidence adduced at trial reveals that plaintiff was not engaged in any "construction, excavation or demolition work" at the time of...

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