PAVLOU v. CITY OF NEW YORK


8 N.Y.3d 961 (2007)

868 N.E.2d 186

836 N.Y.S.2d 506

NICK PAVLOU et al., Appellants, v. CITY OF NEW YORK, Respondent, et al., Defendant and Third-Party Plaintiff. FELIX INDUSTRIES, INC., Third-Party Defendant-Respondent. (And Another Action.)

Court of Appeals of the State of New York.

Decided May 3, 2007.


Attorney(s) appearing for the Case

Hancock & Estabrook, Syracuse (Alan J. Pierce of counsel), for appellants.

Quirk and Bakalor, P.C., New York City (Timothy J. Keane of counsel), for respondent.

Lester Schwab Katz & Dwyer, LLP, New York City (John Sandercock of counsel), for Felix Industries, Inc., third-party defendant-respondent.

Callan, Koster, Brady & Brennan, LLP, Uniondale (Michael P. Kandler of counsel), for Hampton C.F. Corp., third-party defendant-respondent.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur in memorandum.


OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs, and the certified question answered in the affirmative.

In this personal injury case arising from the collapse of a crane on a construction site, the jury found that the operation of the crane with an excess load, in violation of Industrial Code (12 NYCRR) § 23-8.2 (g) (2) (iii), amounted to negligence but that this was not a proximate cause...

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