BARNWELL v. NEW YORK UNIVERSITY


256 A.D.2d 202 (1998)

682 N.Y.S.2d 373

GLADYS BARNWELL, Appellant, v. NEW YORK UNIVERSITY, Sued Herein as NEW YORK UNIVERSITY MEDICAL CENTER, et al., Respondents and Third-Party Plaintiffs-Respondents. ATLANTIC SCAFFOLD, INC., Third-Party Defendant-Respondent.

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

Decided December 22, 1998.


Plaintiff slipped and fell on a plywood walkway constructed by third-party defendant Atlantic Scaffold on a construction site owned by defendant New York University Medical Center and managed by defendant Morse Diesel International. Contrary to the IAS Court's finding that plaintiff did no more than make conclusory assertions regarding defects in the walkway and assert that the walkway was wet on a rainy day, we find that plaintiff...

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