MONTALVO v. J. PETROCELLI CONSTRUCTION INC.


8 A.D.3d 173 (2004)

780 N.Y.S.2d 558

RENE MONTALVO et al., Appellants, v. J. PETROCELLI CONSTRUCTION, INC., Respondent.

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

June 24, 2004.


Plaintiff Rene Montalvo, a sheet metal journeyman employed by nonparty Precision Mechanical, Inc., was injured on April 20, 2000 while working on a construction project at a public school in Staten Island. Defendant J. Petrocelli Construction, Inc. (Petrocelli) was hired by the New York City School Construction Authority as the general contractor on the project.

On the date of the accident, plaintiff and a coworker were in the process of installing new ductwork for...

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