FONZI v. BEISHLINE, JR.


270 A.D.2d 912 (2000)

705 N.Y.S.2d 470

MICHAEL J. FONZI, Individually and as Administrator of the Estate of DAWN FONZI, Deceased, Respondent-Appellant, v. JOHN R. BEISHLINE, JR., et al., Defendants, and RAYMOND E. KELLEY, INC., et al., Appellants-Respondents.

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

Decided March 29, 2000.


Order unanimously affirmed without costs.

Memorandum:

Alling and Cory Company (Alling) hired Raymond E. Kelley, Inc. (Kelley) (collectively defendants) to perform restoration work on the facade of the building owned by Alling. Kelley had obtained building permits that allowed it to barricade a portion of the sidewalk, but required Kelley to provide a pedestrian walkway. The sidewalk was barricaded, but without a walkway. As plaintiff and his wife (decedent...

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