HAVLIN v. CITY OF NEW YORK


17 A.D.3d 172 (2005)

792 N.Y.S.2d 464

PATRICIA J. HAVLIN, as Executor of JOSEPH HAVLIN, Deceased, Respondent, v. CITY OF NEW YORK et al., Appellants.

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

April 12, 2005.


Plaintiff's decedent, while employed in a supervisory capacity at a construction worksite, was allegedly injured when he lost his footing on a broken step and fell. Inasmuch as there is evidence sufficient to raise a triable issue whether the complained-of hazard resulted from the manner in which defendant general contractor Alma Construction performed its demolition work at the site, summary judgment dismissing the Labor Law § 200 claim as against Alma was properly...

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