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FITZGERALD v. NEW YORK CITY SCHOOL CONSTRUCTION AUTHORITY

18 A.D.3d 807 (2005)

796 N.Y.S.2d 694

GERARD F. FITZGERALD et al., Appellants, v. NEW YORK CITY SCHOOL CONSTRUCTION AUTHORITY et al., Respondents, et al., Defendant. (And a Third-Party Action.)

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

May 31, 2005.

Ordered that the order is affirmed insofar as appealed from, with costs.

The injured plaintiff was performing certain construction work when a "rough terrain" forklift struck and ran over him while backing up. There was no flag or signal person present to guide the driver of the forklift as the driver backed into the area where the injured plaintiff was working.

The plaintiffs allege, inter alia, that the respondents violated Labor Law § 241 (6) by failing...

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