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ALBANESE v. CITY OF NY

5 N.Y.3d 217 (2005)

833 N.E.2d 1213

800 N.Y.S.2d 538

CARLO ALBANESE et al., Respondents, v. CITY OF NEW YORK et al., Appellants, et al., Defendants.

Court of Appeals of the State of New York.

Decided July 6, 2005.

Attorney(s) appearing for the Case

Smith Mazure Director Wilkins Young & Yagerman, P.C., New York City (Mark D. Levi of counsel), for appellants.

Schneider, Kleinick, Weitz & Damashek, New York City (Charles J. Nolet, Jr. of counsel), for respondents.

Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur.

OPINION OF THE COURT

Chief Judge KAYE.

Plaintiff Carlo Albanese, a carpenter, was at work on a scaffold suspended from a Cross Bronx Expressway ramp over the Bruckner Expressway in the City of New York when a tractor-trailer heading east on the Bruckner struck the bottom of the scaffold. Plaintiff was thrown into the air and fell back down onto the scaffold.

As of the date of the accident, the expressways were under construction as part of a two...

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