GREENFIELD v. NEW YORK TELEPHONE COMPANY


260 A.D.2d 303 (1999)

689 N.Y.S.2d 72

JAMES GREENFIELD, Respondent, v. NEW YORK TELEPHONE COMPANY, Defendant, and METROPOLITAN FIBER SYSTEMS, INC., et al., Appellants and Third-Party Plaintiffs-Appellants. HUGH O'KANE ELECTRIC COMPANY, Third-Party Defendant-Respondent.

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

Decided April 29, 1999.


Plaintiff, an electrician in the employ of the third-party defendant subcontractor slipped and injured his back while lifting a manhole cover at a worksite at Third Avenue and East 55th Street in Manhattan. According to plaintiff, there was no notable debris in the area, just normal dirt and gravel ("There was nothing abnormal. It was Manhattan. You know."). Essentially, appellants are charged with having failed to ensure that the street was swept clean of the normal sandy...

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