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MULLER v. EQUITABLE LIFE ASSURANCE SOC'Y OF THE UNITED STATES

236 A.D.2d 526 (1997)

654 N.Y.S.2d 613

Joseph Muller et al., Appellants, v. Equitable Life Assurance Society of the United States, Defendant and Third-Party Plaintiff-Respondent, and Nico Construction Company, Inc., Respondent. S.G. Warburg (U.S.A.) et al., Third-Party Defendants-Respondents

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

February 18, 1997

Ordered that the judgment is affirmed, with one bill of costs.

The plaintiff Joseph Muller was injured while carrying a steel beam on a construction project at a building owned by the defendant Equitable Life Assurance Society of the United States. He was employed by a subcontractor at the site, Burgess Steel Corp. (hereinafter Burgess). At trial, the plaintiffs presented evidence that Joseph Muller's injury occurred because he tripped over a metal track which was...

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