SPARENDAM v. LEHR CONSTRUCTION CORP.


24 A.D.3d 388 (2005)

807 N.Y.S.2d 335

MICHAEL V. SPARENDAM et al., Respondents-Appellants, v. LEHR CONSTRUCTION CORP., Respondent, AT&T CORP. et al., Appellants-Respondents, and BLP ACQUISITION LLC et al., Respondents-Appellants, et al., Defendant.

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

December 29, 2005.


Plaintiff suffered a fracture of his right knee and other injuries when he was struck in the legs by an air compressor at a construction site. At the time of the accident, two trenches eight inches deep, four inches wide and separated by 12 inches had been cut into the street by the use of a rotary asphalt-cutting saw. The area between the trenches had not yet been excavated. As plaintiff and five coworkers were moving the compressor, which was being used to power a jackhammer...

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