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LIBERTY MUT. INS. CO. v. FORDHAM PREPARATORY SCH.

242 A.D.2d 490 (1997)

663 N.Y.S.2d 820

Liberty Mutual Insurance Company et al., Respondents, v. Fordham Preparatory School, Appellant, et al., Defendants

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

September 25, 1997

We agree with the IAS Court's explicit finding that an issue of fact exists as to whether the injured employee was engaged in a work-related activity at the time he slipped and fell or just walking on an allegedly hazardous parking lot surface at or near the construction site, and with its implicit finding of law that such issue is material. Liberty has conceded its obligation to defend throughout the...

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