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BRUGNANO v. MERRILL LYNCH & CO., INC.

216 A.D.2d 18 (1995)

627 N.Y.S.2d 635

Francesco Brugnano et al., Appellants, v. Merrill Lynch & Co., Inc., et al., Respondents. Olympia & York Tower B Company et al., Third-Party Plaintiffs-Respondents, v. Forest Electric Corp., Third-Party Defendant-Respondent. JWP Forest Electric Corp., Fourth-Party Plaintiff-Respondent, v. O & Y WFC Tower a Company et al., Fourth-Party Defendants-Respondents

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

June 6, 1995

Since plaintiff employee was employed to clear away the very debris that posed a hazard in the work place, the IAS Court properly dismissed the complaint (Kowalsky v Conreco Co., 264 N.Y. 125). Defendants could not have provided plaintiff with a work place that was safe from the defect that his employer was engaged to eliminate (Senkbeil v Board of Educ., 23 A.D.2d 587, 589, affd...

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