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LIMAURO v. CITY OF NEW YORK DEP'T OF ENVTL. PROT.

202 A.D.2d 170 (1994)

608 N.Y.S.2d 196

Gary Limauro et al., Respondents, v. City of New York Department of Environmental Protection, Appellant, et al., Defendants, et al., Third-Party Plaintiff, et al., Third-Party Defendant City of New York Department of Environmental Protection, Fourth-Party Plaintiff-Appellant, v. J.A. Jones/Daidone, a Joint Venture, Fourth-Party Defendant-Appellant, et al., Fourth-Party Defendants. (And a Second Fourth-Party Action.)

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

March 1, 1994

On February 18, 1988, plaintiff, an electrician, was working on the construction of the North River Water Pollution Control Plant in Manhattan on property owned by the City of New York. Plaintiff and his supervisor had just finished using a mobile "scaffold/power lift" to inspect a conduit suspended from the ceiling. When the lift was returned to its original position, the platform upon which the men stood remained eight feet from the ground. Plaintiff began to descend the...

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