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ROHRING v. NIAGARA FALLS

84 N.Y.2d 60 (1994)

638 N.E.2d 62

614 N.Y.S.2d 714

Eric Rohring, Respondent-Appellant, et al., Plaintiff, v. City of Niagara Falls, Defendant and Third-Party Plaintiff-Appellant-Respondent. Falls Steel Erectors, Inc., Third-Party Defendant-Appellant-Respondent.

Court of Appeals of the State of New York.

Decided June 30, 1994.

Attorney(s) appearing for the Case

Herzfeld & Rubin, P. C., New York City (Herbert Rubin, David B. Hamm and Miriam Skolnik of counsel), Raymond C. Green and Lustig & Brown, Buffalo (John A. Ziegler of counsel), for third-party defendant-appellant-respondent and defendant and third-party plaintiff-appellant-respondent.

Paul William Beltz, P. C., Buffalo (Robert B. Nichols, William A. Quinlan and Anne B. Rimmler of counsel), for Eric Rohring, respondent-appellant.

Kenneth Mauro, Great Neck, for American Insurance Association and others, amici curiae.

G. Oliver Koppell, Attorney-General, Albany (Jerry Boone, Peter H. Schiff and Michael S. Buskus of counsel), for State of New York, amicus curiae.

Schneider, Kleinick & Weitz, P. C., New York City (Brian J. Shoot of counsel), and Stephan Peskin for New York State Trial Lawyers Association, amicus curiae.

Chief Judge KAYE and Judges TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur.

SIMONS, J.

Plaintiff Eric Rohring suffered a serious foot injury while working on a construction site when his safety belt broke and he fell 20 feet to a concrete pavement. At the time, he was employed by third-party defendant Falls Steel Erectors, Inc. on a project for the defendant and third-party plaintiff, City of Niagara Falls. Rohring was granted summary judgment on the issue of liability and subsequently...

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