LEE v. BONAVITA


216 A.D.2d 8 (1995)

627 N.Y.S.2d 373

Jong Chan Lee, Appellant, v. Salvatore Bonavita et al., Respondents

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

June 1, 1995


Plaintiff was walking by an unoccupied commercial building and, when he stopped to watch the renovations that were being done, was struck in the eye by a nail that bounced or ricocheted off the wall it was being hammered into by one of the contractor's workers. The site was at the time completely open, with no barrier of any kind between the work site and sidewalk pedestrians. A yellow tape, called a construction caution, did, however, provide some degree of warning. Plaintiff...

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