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ENGLAND v. VACRI CONSTRUCTION CORPORATION

24 A.D.3d 1122 (2005)

807 N.Y.S.2d 669

CRAIG ENGLAND et al., Appellants, v. VACRI CONSTRUCTION CORPORATION, Respondent.

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

December 29, 2005.

PETERS, J.

Plaintiff Craig England (hereinafter plaintiff), an inspector with the Department of Transportation, was injured in January 1999 when he struck his head on a low pipe extending across a doorway in the basement of a building where defendant was performing construction work. It is uncontested that during the course of defendant's work, plaintiff had performed prior inspections at this site and that defendant was...

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