MINOR v. GELCO BUILDERS, INC.


254 A.D.2d 114 (1998)

679 N.Y.S.2d 288

Edwin Minor et al., Respondents, v. Gelco Builders, Inc., Appellant and Third-Party Plaintiff-Appellant, and New York City Transit Authority et al., Respondents. Manhattan and Bronx Surface Transit Operating Authority, Third-Party Defendant-Respondent

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

October 15, 1998


Issues of fact preclude summary judgment in appellant's favor. Such issues include whether and when appellant placed a barricade around the hole it created, whether such was a proper safety precaution, whether it was appellant who removed the barricade, and, if not, whether it was foreseeable that third-party defendants would remove it given the contract provision that the depot was to remain in operation while repairs were being made, and who directed and supervised the...

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