HYMAN v. AURORA CONTRACTORS, INC.


294 A.D.2d 229 (2002)

743 N.Y.S.2d 12

KATHLEEN J. HYMAN, Individually and as Executrix of STEPHEN HYMAN, Deceased, Plaintiff, v. AURORA CONTRACTORS, INC., Appellant-Respondent, and J.J.&L. MECHANICAL CORPORATION, Respondent and Third-Party Plaintiff-Respondent, et al., Defendant. ENVIRONMENTAL SYSTEMS OF NEW YORK, Third-Party Defendant-Respondent-Appellant.

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

Decided May 21, 2002.


Plaintiff's decedent, a construction worker employed by third-party defendant Environmental, fell to his death through an unguarded skylight at the subject construction site. Since the jury's apportionment of liability turned upon its finding as to which of the defending parties controlled the area surrounding the skylight, evidence concerning the implementation of postaccident safety measures was properly admitted (see, Fernandez v Higdon El. Co.,

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