HANRAHAN v. WHITING TURNER CONSTRUCTION, INC.


33 A.D.3d 338 (2006)

821 N.Y.S.2d 456

KEVIN HANRAHAN et al., Respondents, v. WHITING TURNER CONSTRUCTION, INC., Respondent, and CARMODY CONTRACTING, INC., Appellant. (And a Third-Party Action.)

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

Decided October 3, 2006.


Plaintiff was allegedly injured when he fell over rebar protruding from a ramp under construction. In view of factual questions as to whether defendant-appellant created the complained-of danger by failing to erect barricades around its work site, summary judgment dismissing the common-law negligence cause against it was properly denied. We note that there is also a factual issue as to whether the alleged hazard was open and obvious (see Juoniene v H.R.H. Constr. Corp...

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