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MANNA v. NEW YORK CITY HOUS. AUTH.

215 A.D.2d 335 (1995)

627 N.Y.S.2d 43

Patrick Manna, Respondent, v. New York City Housing Authority et al., Appellants, and City of New York, Respondent. New York City Housing Authority, Third-Party Plaintiff-Appellant, v. Lower East Side Ii Turnkey Partnership et al., Third-Party Defendants-Appellants City of New York, Second Third-Party Plaintiff-Respondent, and Lower East Side II Turnkey Partnership et al., Second Third-Party Plaintiffs-Appellants, v. J. Baranello & Sons, Inc., Second Third-Party Defendant-Appellant

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

May 30, 1995

Plaintiff, a worker at a construction site, was struck in the head by a cinder block and other debris which, he contends, was thrown from a third-floor window by a co-worker, "Brian", who, as matters developed, has never been found. In fact, plaintiff's employer alleges that he never had an employee named Brian. It is uncontroverted that no nets or safety devices were in place at the time of the accident although debris chutes were located elsewhere at the jobsite. On the...

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