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GRUTER v. LEHRER McGOVERN BOVIS, INC.

272 A.D.2d 229 (2000)

707 N.Y.S.2d 625

THOMAS GRUTER et al., Respondents, v. LEHRER McGOVERN BOVIS, INC., Appellant and Third-Party Plaintiff-Appellant. ZWICKER ELECTRIC COMPANY, INC., et al., Third-Party Defendants-Respondents. (And a Second Third-Party Action.)

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

Decided May 23, 2000.

A fair interpretation of the evidence supports a finding that appellant actively supervised safety at the work site, and had the authority to correct the unsafe condition caused by the 1½ to 3-inch high planned concrete lip in the floor (see, Russin v Picciano & Son, 54 N.Y.2d 311, 316-317). Such evidence includes appellant's project superintendent's testimony that appellant was responsible for procuring and supervising...

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