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FITZSIMMONS v. CITY OF NEW YORK

37 A.D.3d 655 (2007)

831 N.Y.S.2d 441

PAUL FITZSIMMONS, Respondent, v. CITY OF NEW YORK et al., Appellants, BAY CRANE SERVICE, INC., Respondent, et al., Defendant. (And Third-Party Actions.)

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

Decided February 20, 2007.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs to the plaintiff-respondent and the defendant-respondent.

The defendants City of New York, Board of Education of the City of New York, and New York City School Construction Authority (hereinafter the City) owned real property where they were building a high school. The City hired the defendant J.A. Jones Construction Group, LLC (hereinafter J.A. Jones), as the general contractor on...

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