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ALA v. ROCKEFELLER GROUP

1 Misc.3d 376 (2003)

768 N.Y.S.2d 281

IMER ALA et al., Plaintiffs, v. ROCKEFELLER GROUP, INC., et al., Defendants.

Supreme Court, Kings County.

September 9, 2003.

Attorney(s) appearing for the Case

Lipsig, Shapey, Manus & Moverman, P.C., New York City (Alan M. Shapey of counsel), for plaintiffs.

Squires, Cordrey & Noble, New York City, for Rockefeller Group, Inc., defendant.

Steven R. Sundheim & Assoc., LLC, White Plains (Lori B. Lewis of counsel), for Fortune Interior Dismantling Corp., defendant.

OPINION OF THE COURT

HERBERT KRAMER, J.

Plaintiff was crouched on the floor in a well trafficked corridor cleaning a door saddle when he was hit by an unknown man pushing a container filled with debris being carted from a demolition site located elsewhere in the building. Plaintiff moves for summary judgment, claiming that there can be no issue of fact since plaintiff was struck in the rear by a moving object....

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