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LAGUNA v. 285 CENT. PARK WEST CORP.

244 A.D.2d 241 (1997)

665 N.Y.S.2d 844

Wieslaw Laguna et al., Respondents-Appellants, v. 285 Central Park West Corp., Respondent, and L & M Larjo Co., Inc., et al., Appellants-Respondents, et al., Third-Party Plaintiff. M & G Waterfproofing, Inc., Third-Party Defendant-Appellant-Respondent

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

November 20, 1997

There are issues of fact, particularly whether plaintiff twisted his foot in the course of tripping on a loose plank, or whether plaintiff's foot fell through a hole in the bridge when a plank was dislodged (Bonaparte v Niagara Mohawk Power Corp., 188 A.D.2d 853, appeal dismissed 81 N.Y.2d 1067; Robertti v Chang, 227 A.D.2d 542, lv dismissed 88 N.Y.2d 1064).

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