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JOHN v. BAHARESTANI

281 A.D.2d 114 (2001)

721 N.Y.S.2d 625

GERALD JOHN, Appellant, v. FRANKLIN BAHARESTANI, et al., Respondents.

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

March 6, 2001.

Attorney(s) appearing for the Case

Lawrence B. Lame of counsel, New York City (Jonah Grossman, attorney), for appellant.

Joseph J. Andriola of counsel, New York City (Marshall, Conway & Wright, P. C., attorneys), for respondents.

ROSENBERGER, TOM, ELLERIN and FRIEDMAN, JJ., concur.

OPINION OF THE COURT

SULLIVAN, P. J.

Plaintiff, a laborer at a construction site, sues to recover for personal injuries sustained when he fell some 30 feet from an unprotected and unguarded opening on the third floor of the building under construction, a three-story dwelling. Although it is unquestioned that plaintiff was working at the site at the time, there is a factual dispute as to what precipitated...

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