BONGIOVANNI v. KMO-361 REALTY ASSOCIATES


268 A.D.2d 365 (2000)

702 N.Y.S.2d 263

SALVATORE BONGIOVANNI et al., Respondents, v. KMO-361 REALTY ASSOCIATES et al., Appellants and Third-Party Plaintiffs-Appellants, et al., Defendants. GENERAL INDUSTRIAL SERVICE CORPORATION, Third-Party Defendant-Respondent.

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

Decided January 25, 2000.


Appellants building owner and general contractor argue that the motion court's finding that third-party defendant used the freight elevators, not the stairways, to remove debris, and therefore could not have discarded the pipe over which plaintiff fell in a stairwell, necessarily requires a finding that appellants did not have notice of that pipe. This argument incorrectly assumes that the pipe in question could have been discarded only by third-party defendant, and overlooks...

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