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McGUIRE v. TISHMAN CONSTRUCTION CORPORATION OF MANHATTAN

275 A.D.2d 249 (2000)

712 N.Y.S.2d 522

DARRELL McGUIRE et al., Appellants, v. TISHMAN CONSTRUCTION CORPORATION OF MANHATTAN et al., Respondents. TISHMAN CONSTRUCTION CORPORATION OF MANHATTAN, Sued Herein as TISHMAN CONSTRUCTION CORPORATION OF NEW YORK, Third-Party Plaintiff-Respondent, v. OTIS ELEVATOR COMPANY, Third-Party Defendant-Respondent. OTIS ELEVATOR COMPANY, Second Third-Party Plaintiff-Respondent, v. NORTH BERRY STRUCTURES, INC., Second Third-Party Defendant-Respondent. OTIS ELEVATOR COMPANY, INC., Third Third-Party Plaintiff-Respondent, v. INSPECO, INC., Third Third-Party Defendant-Respondent.

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

Decided August 17, 2000.

Plaintiff, an employee of Otis Elevator Company, commenced this action in New York County in 1990 claiming damages for a personal injury suffered while working on a construction site where defendant Tishman Construction Corporation of Manhattan was the general contractor. Plaintiff allegedly injured his back when he tripped over a portion of a reinforcing bar protruding above the level of a concrete floor. Subsequently, after seeking treatment for the injury from defendant...

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