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FREITAS v. NEW YORK CITY TRANSIT AUTH.

249 A.D.2d 184 (1998)

672 N.Y.S.2d 101

Antonio Freitas et al., Appellants-Respondents, v. New York City Transit Authority, Respondent, and Lehrer & McGovern, Inc., Respondent-Appellant and Third-Party Plaintiff, et al., Third-Party Defendant

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

April 28, 1998

Plaintiff Antonio Freitas, in the employ of third-party defendant Rite-Way Interior Removal, Inc., was pushing a dumpster full of construction debris at a subway project when the wheels on the dumpster "got stuck." A co-employee pulled the dumpster to make it move and it tipped over, crushing plaintiff's hand.

The general contractor on the project moved to dismiss the plaintiffs' Labor Law claims and the IAS Court granted...

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