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WALKER v. TRS. OF THE UNIV. OF PENNSYLVANIA

243 A.D.2d 425 (1997)

665 N.Y.S.2d 255

James J. Walker et al., Plaintiffs, v. Trustees of the University of Pennsylvania et al., Appellants, and Botto Mechanical Corporation, Inc., Respondent, et al., Defendant. Trustees of the University of Pennsylvania et al., Third-Party Plaintiffs-Appellants, v. Rosenwach Tank Co., Inc., Third-Party Defendant-Respondent. (And a Second Third-Party Action.)

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

October 30, 1997

The record does not establish appellants' freedom from negligence as a matter of law, there being unresolved issues of fact as to the extent to which they exercised supervision over the worksite, whether they had notice of any unsafe conditions, and what, if anything, they did to...

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