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D'AMELIO v. TISHMAN CONSTRUCTION CORPORATION OF NEW YORK

5 A.D.3d 336 (2004)

773 N.Y.S.2d 553

JOHN D'AMELIO et al., Plaintiffs, v. TISHMAN CONSTRUCTION CORPORATION OF NEW YORK et al., Defendants. (And a Third-Party Action.) TISHMAN CONSTRUCTION CORPORATION OF NEW YORK et al., Second Third-Party Plaintiffs-Appellants, v. WESTCHESTER MASONRY CORP., Second Third-Party Defendant-Respondent.

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

March 30, 2004.

Plaintiff was injured when, while searching for a piece of plywood at a construction site owned by second third-party plaintiff SZS 33rd Associates and managed by second third-party plaintiff Tishman Construction Corporation, he fell into an open and unguarded trench. Contrary to the contention of SZS and Tishman, the evidence did not warrant an inference that it was the obligation of plaintiff's employer, second third-party defendant Westchester Masonry Corp., to supply...

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