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FERGUSON v. CITY OF NEW YORK

272 A.D.2d 90 (2000)

708 N.Y.S.2d 287

MICHAEL FERGUSON, Respondent, v. CITY OF NEW YORK et al., Respondents, and EAST HARLEM BLOCK NURSERY, INC., Appellant. (And Other Actions.)

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

Decided May 4, 2000.

An issue of fact exists as to whether East Harlem was a contractor at the renovation project owned by the City and at which plaintiff was injured. Such issue is raised primarily by the fact that East Harlem's contract with the City's Department of Employment did not call for renovation work but only for job training, whereas the City's Department of Housing Preservation and Development's contract that did call for renovation at the project was with Youth Action Homes only...

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