McMAHON v. 42ND ST. DEV.


188 Misc.2d 25 (2001)

726 N.Y.S.2d 203

JEREMIAH McMAHON et al., Plaintiffs, v. 42ND ST. DEVELOPMENT PROJECT, INC., et al., Defendants.

Supreme Court, Bronx County.

January 9, 2001.


Attorney(s) appearing for the Case

Benedict P. Morelli & Associates, New York City (David S. Ratner of counsel), for plaintiffs.

Mead, Hecht, Conklin & Gallagher, White Plains, for defendants.


OPINION OF THE COURT

PAUL A. VICTOR, J.

Plaintiffs' motion to reargue a motion for summary judgment is granted, and on reargument, the Court determines as follows:

Background and Procedural History

Plaintiff, an employee of a subcontractor, was injured on July 10, 1998, when he fell from a platform which was at an elevation above 20 feet, at the exterior of the third floor of a building then under construction as part of the 42nd Street...

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