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HICKS v. MONTEFIORE MEDICAL CENTER

266 A.D.2d 14 (1999)

697 N.Y.S.2d 606

BRYAN HICKS, Respondent, v. MONTEFIORE MEDICAL CENTER, Defendant, and TURNER CONSTRUCTION CORPORATION, Appellant. (And a Third-Party Action.)

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

Decided November 4, 1999.

In his pleadings, plaintiff claimed that he had been walking on the scaffold when his foot struck a protruding piece of metal causing him to fall, and that he broke his left ankle as a result of the fall. However, the report of plaintiff's treating physician indicates that the ankle was injured when he was struck by an object at a job site, while the accident report indicates that he struck his ankle on the "cross-brace", raising an issue that the ankle was injured while...

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