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GADDY v. COLGATE SCAFFOLDING CORP.

236 A.D.2d 333 (1997)

655 N.Y.S.2d 331

Kimberly Gaddy, Respondent, v. Colgate Scaffolding Corp. et al., Appellants

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

February 27, 1997

Initially, we note our disagreement with the IAS Court's finding with respect to the scope of defendants' duty and conclude that the provisions of the contract in question do not provide for a duty on the part of defendants to inspect the sidewalk bridge in question at periodic intervals (see, Gerdowsky v Crain's N. Y. Bus., 188 A.D.2d 93).

We also find that the IAS Court erred when it determined that an issue of fact...

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