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ZINN v. JEFFERSON TOWERS, INC.

14 A.D.3d 398 (2005)

789 N.Y.S.2d 7

JOSEPH B. ZINN, Respondent-Appellant, v. JEFFERSON TOWERS, INC., et al., Defendants, and KAY WATERPROOFING CORP., Respondent, and CITY SCAFFOLDING CORP., Appellant-Respondent.

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

January 18, 2005.

Plaintiff slipped on a white substance near a sidewalk shed installed by defendant City Scaffolding to protect the area from falling objects while work was being performed by defendant Kay Waterproofing Corp. Because issues of fact exist with respect to whether the sidewalk shed was properly erected and maintained, plaintiff is not required to establish contractual privity with City Scaffolding in order to impose liability for his...

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