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McDERMOTT v. CITY OF NEW YORK

201 A.D.2d 339 (1994)

607 N.Y.S.2d 923

John McDermott et al., Respondents, v. City of New York, Defendant, New York City Housing Authority, Respondent, and Zaffuto Construction Company, Inc., Appellant

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

February 10, 1994

Contrary to defendant-appellant Zaffuto Construction Company's claim, plaintiffs established a prima facie case of negligence. The evidence sufficed to afford a rational basis for the jury's finding in favor of the plaintiffs (see, Cohen v Hallmark Cards, 45 N.Y.2d 493, 499). There was testimony that appellant, a carpentry contractor, had created an opening in an apartment floor to convert it to a duplex unit, but had failed...

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