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O'CONNOR v. LINCOLN METROCENTER PARTNERS, L.P.

266 A.D.2d 60 (1999)

698 N.Y.S.2d 632

PAUL O'CONNOR, Respondent, v. LINCOLN METROCENTER PARTNERS, L.P., et al., Defendants, and R&J CONSTRUCTION CORP., Appellant. (And a Third-Party Action.)

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

Decided November 16, 1999.

Plaintiff was employed by third-party defendant S&A Concrete Co. at a construction project for a 56-story building. On January 3, 1994, he was assigned to strip forms from recently poured concrete on the 24th floor. Access to the work site was gained by elevator and a stairway leading up from the 19th floor. While crossing the 19th floor from the elevator, plaintiff fell into a three-foot by four-foot opening in the floor when...

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