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GENTILE v. NEW YORK CITY HOUS. AUTH.

228 A.D.2d 296 (1996)

643 N.Y.S.2d 588

Angelo Gentile, Respondent, v. New York City Housing Authority, Defendant and Third-Party Plaintiff. Premium Landscaping Company, Third-Party Defendant-Appellant

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

June 18, 1996

Plaintiff, who was the driver of a truck that hauled away concrete construction debris, fell to the ground from a height of 9 to 10 feet. This happened after he lost his balance while pulling a tarpaulin from a stationary roller over the truck's contents. However, because the record establishes that plaintiff was not engaged "in the erection, demolition, repairing, altering, painting, cleaning or pointing" of "a building or structure" within the intended meaning of Labor...

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