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HELLER v. 83RD ST. INVESTORS LTD. P'SHIP

228 A.D.2d 371 (1996)

645 N.Y.S.2d 8

Francis Heller et al., Respondents-Appellants, v. 83rd Street Investors Limited Partnership et al., Respondents-Appellants, et al., Defendant 83rd Street Investors, L. P., et al., Third-Party Plaintiffs-Respondents-Appellants, v. Century Maxim Construction Corp., Third-Party Defendant-Respondent-Appellant, and Janson Associates Inc., Third-Party Defendant-Respondent 83rd Street Investors, L. P., et al., Second Third-Party Plaintiffs-Respondents-Appellants, v. Inner City Drywall Corp., Second Third-Party Defendant-Appellant-Respondent

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

June 27, 1996

In this action for personal injuries suffered by plaintiff-worker when he was struck by an 8 foot wooden 4 by 4 plank in use at a construction site, we find that the evidence, viewed in the light most favorable to the prevailing party (Beth Israel Hosp. N. v Castle Oil Corp., 220 A.D.2d 257, lv denied 87 N.Y.2d 891), supports the jury's findings on liability.

Century, as the concrete...

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