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AGLI v. TURNER CONSTR. CO. INC.

237 A.D.2d 173 (1997)

655 N.Y.S.2d 365

Christopher Agli, Respondent, v. Turner Construction Company Incorporated et al., Respondents, and American Steel Erectors, Appellant. (And a Third-Party Action.)

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

March 18, 1997

Drawing all reasonable inferences in favor of the non-moving parties, the parties' conflicting affidavits raise issues of fact that in large part turn on witness credibility, including whether appellant negligently failed to have the net that fell on plaintiff inspected after installing it, thus failing to assure its stability; whether defendants-respondents alleged intervening acts of dismantling and reattaching the net, causing...

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