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SWEENEY v. YONKERS CONTRACTING COMPANY, INC.

269 A.D.2d 590 (2000)

703 N.Y.S.2d 517

JAMES SWEENEY, Respondent, v. YONKERS CONTRACTING COMPANY, INC., Defendant and Third-Party Plaintiff-Appellant-Respondent. RICE MOHAWK U.S. CONSTRUCTION COMPANY, LTD., Third-Party Defendant-Respondent-Appellant.

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

Decided February 28, 2000.

Ordered that the judgment is reversed insofar as appealed and cross-appealed from, on the law, and a new trial is granted, with costs to abide the event.

The plaintiff was injured when a falling steel girder struck the basket in which he was working during the demolition of a steel structural support on the West Side Highway renovation project. Yonkers Contracting Company, Inc. (hereinafter Yonkers), was the general contractor...

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