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METCALFE v. CITY OF NEW YORK

223 A.D.2d 410 (1996)

636 N.Y.S.2d 60

Leonard Metcalfe, Respondent, v. City of New York et al., Respondents, and Sette Juliano Construction Corporation, Appellant

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

January 18, 1996

Renewal was properly granted as plaintiff presented evidence to demonstrate the existence of an issue of fact as to whether defendant-appellant was performing construction work at the site at the time of plaintiff's injury, including documents from defendant City of New York and identification of certain equipment in photographs which information and interpretation was unknown at the time of the original motion and obtained subsequently...

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