HOLMAN v. CITY OF NY


181 Misc.2d 15 (1999)

691 N.Y.S.2d 739

EVELINA T. HOLMAN, as Administratrix of the Estate of ARTHUR WEST, Plaintiff, v. CITY OF NEW YORK et al., Defendants.

Civil Court, Bronx County.

April 14, 1999.


Attorney(s) appearing for the Case

DiJoseph, Portegello & Schuster, P. C., New York City (Mitchell Schuster of counsel), for plaintiff.

Steven Siegel, P. C., Kew Gardens (Steven Siegel of counsel), for Merline McDowell, defendant.

Michael D. Hess, Corporation Counsel, Bronx (Efrain Ramos, Jr., of counsel), for City of New York, defendant.


OPINION OF THE COURT

PAUL A. VICTOR, J.

This is an action to recover damages for injuries sustained by a construction worker, Arthur West (now deceased), who was injured by a co-worker, while both were engaged in the demolition of a vacant residential dwelling which was owned by defendant Merline McDowell.

Plaintiff's complaint in this proceeding sets forth separate causes of action against the City of New York and McDowell,

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