SANCHIRICO v. NICKERSON TERRACE REDEVELOPMENT ASSOCIATES, L.P.


300 A.D.2d 81 (2002)

751 N.Y.S.2d 187

WILLIAM SANCHIRICO, Respondent-Appellant, v. NICKERSON TERRACE REDEVELOPMENT ASSOCIATES, L.P., et al., Defendants, and FLINTLOCK CONSTRUCTION, INC., Appellant-Respondent.

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

Decided December 10, 2002.


An issue of fact exists as to whether appellant had notice of the loose construction strut that allegedly caused plaintiff to fall on an unlit stairway, raised by evidence that the site was ordinarily strewn with construction materials and debris, that appellant supervised the subcontractors' work, including their cleanup of debris, and that appellant was aware that struts were stored against the wall in the stairway for later use. An issue of fact also exists as the foreseeability...

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