KAMIN v. KENNEDY & CO. INC.


52 A.D.3d 263 (2008)

861 N.Y.S.2d 1

CHARLES KAMIN et al., Respondents, v. JAMES G. KENNEDY & CO., INC., Appellant, et al., Defendants. JAMES G. KENNEDY & CO., INC., Third-Party Plaintiff-Appellant, v. INTERIOR DESIGN FLOORING CORPORATION, Third-Party Defendant-Respondent.

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

Decided June 10, 2008.


Plaintiff testified that immediately after he fell he looked to see what caused him to fall, and observed crumpled, randomly taped, tan protection paper covering newly installed carpeting. While plaintiff did not see who had put the paper down, he believed it was Kennedy's employees, as he had not done so himself and it was almost always the general contractor who performed that job; further, plaintiff's testimony that the paper had been put down the night before, and that...

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