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LENARD v. 1251 AMERICAS ASSOCS.

241 A.D.2d 391 (1997)

660 N.Y.S.2d 416

Joseph Lenard et al., Appellants, v. 1251 Americas Associates et al., Respondents and Third-Party Plaintiffs-Respondents. Fred Lumpp & Son, Inc., et al., Third-Party Defendants-Respondents

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

July 17, 1997

According to the evidence offered by plaintiff Joseph Lenard in opposition to defendants' motion for summary judgment, on January 5, 1988, he reported to work at a construction site on the 41st floor of an office building. The floor was clean, swept, and vacant and there were wall partitions leaning against the walls.

The foreman instructed plaintiff to move some rolled-up carpeting and unhung doors across an open area which...

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