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RODRIGUEZ v. 1585 BROADWAY ASSOCS.

243 A.D.2d 351 (1997)

664 N.Y.S.2d 534

George Rodriguez, Appellant-Respondent, v. 1585 Broadway Associates et al., Respondents, and Kerby Saunders-Warkol, Inc., Respondent-Appellant. Otis Elevator Company, Third-Party Plaintiff-Respondent, v. Component Assembly System, Inc., Third-Party Defendant, and Kerby Saunders-Warkol, Inc., Third-Party Defendant-Respondent-Appellant

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

October 21, 1997

Reargument was properly granted, and the motions for summary judgment properly denied, upon a showing that the IAS Court had overlooked plain conflicts in the evidence as to, among other things, which trades were working on the day of the accident, what they were doing and where they were doing it, as well as in the witnesses' accounts of...

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