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KYLE v. CITY OF NY

268 A.D.2d 192 (2000)

707 N.Y.S.2d 445

DUWAYNE KYLE et al., Appellants-Respondents, v. CITY OF NEW YORK, Respondent-Appellant.

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

May 18, 2000.

Attorney(s) appearing for the Case

Scott N. Singer of counsel, New York City (Kenneth Sacks on the brief; Sacks & Sacks, attorneys), for appellants-respondents.

Stephen M. Cohen of counsel, New York City (Christopher J. Crawford on the brief; Brody, Fabiani & Cohen, attorneys), for respondent-appellant.

SULLIVAN, P. J., ELLERIN, WALLACH and ANDRIAS, JJ., concur.

OPINION OF THE COURT

NARDELLI, J.

In August 1995, structural rehabilitation work began on the 59th Street Bridge (the bridge), pursuant to a contract between the City of New York and Grow-Perini, a joint venture. The work involved the outer roadways and the north and south sides of the bridge, which spans the East River between New York and Queens Counties.

Plaintiff DuWayne Kyle is an ironworker who, on September 29, 1997, was employed by Grow-Perini...

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