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EGAN v. A.J. CONSTRUCTION CORP.

94 N.Y.2d 839 (1999)

724 N.E.2d 366

702 N.Y.S.2d 574

WILLIAM EGAN et al., Respondents, v. A.J. CONSTRUCTION CORP. et al., Appellants, et al., Defendants. (And a Third-Party Action.)

Court of Appeals of the State of New York.

Decided December 16, 1999.

Attorney(s) appearing for the Case

Quirk & Bakalor, P. C., New York City (Richard Bakalor and Loretta A. Redmond of counsel), for Otis Elevator, appellant.

Fiedelman & McGaw, Jericho (Carol A. Moore of counsel), for A.J. Construction Corp., appellant.

Meltzer, Fishman, Madigan & Campbell, New York City (Harold Y. Meltzer of counsel), for respondents.

Before: Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE, CIPARICK, WESLEY and ROSENBLATT concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, the motions of defendants A.J. Construction Corporation and Otis Elevator Company for summary judgment dismissing the complaint as against them granted, and the certified question answered in the negative.

Shortly after 7:30 A.M. on March 3, 1992, plaintiff, a carpenter working on the construction of a Manhattan office building, entered one of the...

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