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RICE v. BOARD OF EDUCATION OF CITY OF NEW YORK

302 A.D.2d 578 (2003)

755 N.Y.S.2d 419

THOMAS RICE, Respondent, v. BOARD OF EDUCATION OF CITY OF NEW YORK, Defendant, and TURNER CONSTRUCTION CO., INC., Defendant and Third-Party Plaintiff-Appellant-Respondent. ATLAS GEM ERECTORS, Third-Party Defendant-Respondent-Appellant.

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

Decided February 24, 2003.

Ordered that the judgment is reversed, on the law, with one bill of costs to the defendant Turner Construction Co., Inc., and the third-party defendant, Atlas Gem Erectors, the motions to set aside the verdict are granted, and the complaint and the third-party complaint are dismissed.

The plaintiff sustained personal injuries after his leg allegedly fell into a hole in the rear of a flatbed truck while unloading bundles of steel at a construction site. The plaintiff...

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