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WHEELER v. CITY OF NEW YORK

253 A.D.2d 463 (1998)

675 N.Y.S.2d 325

Bessie M. Wheeler, Individually and as Administrator of The Estate of Norman Hayes, Deceased, Appellant, v. City of New York et al., Respondents, et al., Defendants

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

August 10, 1998

Ordered that the order is affirmed, with costs.

The plaintiff's decedent sustained fatal injuries when he fell from a scaffolding which was being constructed as part of a building demolition project. The undisputed evidence demonstrated that neither the City of New York nor the New York City Department of Housing Preservation and Development owned the building in question. Accordingly, the Supreme Court properly granted...

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