YATES v. CITY OF NEW YORK


37 A.D.3d 458 (2007)

831 N.Y.S.2d 186

WINSOME YATES, Appellant, v. CITY OF NEW YORK, Respondent. (And a Third-Party Action.)

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

Decided February 6, 2007.


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

On December 4, 1998 Benjamin Yates suffered fatal injuries when he was struck by a falling lamppost. At the time of the accident, he was working as a laborer for third-party defendant Vales Construction Company, which was operating under contract with the defendant City of New York, to remove and replace a section of the sidewalk adjacent to the lamppost. "To hold a property owner liable for...

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