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PASSANANTI v. CITY OF NEW YORK

268 A.D.2d 512 (2000)

701 N.Y.S.2d 652

ANTHONY PASSANANTI et al., Appellants, v. CITY OF NEW YORK et al., Defendants, and ABBOTT-SOMER, INC., Respondent. (And Other Actions.)

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

Decided January 24, 2000.

Ordered that the order is affirmed insofar as appealed from, with costs.

An implicit precondition to the duty to provide construction site workers with a safe place to work is that the party charged with such responsibility has the authority to control the activity bringing about the injury (see, Comes v New York State Elec. & Gas Corp., 82 N.Y.2d 876; Russin v Picciano...

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