DAVITT v. CITY OF NEW YORK


40 A.D.3d 908 (2007)

836 N.Y.S.2d 651

WILLIAM DAVITT, Plaintiff, v. CITY OF NEW YORK et al., Appellants, and M.A.C.C. CONSTRUCTION, INC., Respondent, et al., Defendant.

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

Decided May 22, 2007.


Ordered that the order is affirmed, with costs.

The plaintiff allegedly sustained injuries when he stepped on a piece of plywood covering a portion of a sidewalk that had been excavated in connection with the ongoing repair of columns supporting an elevated subway line above the sidewalk. The Supreme Court properly denied the appellants' motion for summary judgment on their cross claim for contractual indemnification against the defendant subcontractor M.A.C.C. Construction...

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