AVILES v. CITY OF NEW YORK


277 A.D.2d 19 (2000)

716 N.Y.S.2d 2

SOTERO AVILES et al., Appellants, v. CITY OF NEW YORK et al., Defendants, and J.E. ACTIVITIES, INC., Doing Business as JE CO., et al., Respondents. (And a Third-Party Action.)

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

Decided November 2, 2000.


Plaintiff, a handyman in the employ of third-party defendant maintenance company, was placing new sheetrock on a bedroom wall that had sustained water damage a few days before, when a portion of the ceiling collapsed causing his injuries. Defendant-respondent was engaged by the building owner as construction manager to oversee the rehabilitation of certain unoccupied apartments, including the apartment directly above the one where plaintiff was injured. There is no evidence...

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