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WILSON v. GALICIA CONTR. & RESTORATION CORP.

10 N.Y.3d 827 (2008)

890 N.E.2d 179

860 N.Y.S.2d 417

LAMONT WILSON, Respondent, et al., Plaintiff, v. GALICIA CONTRACTING & RESTORATION CORP. et al., Defendants, and SAFWAY STEEL PRODUCTS, INC., Appellant.

Court of Appeals of the State of New York.

Decided April 29, 2008.

Attorney(s) appearing for the Case

Mauro Goldberg & Lilling LLP, Great Neck (Kenneth Mauro and Anthony F. DeStefano of counsel), and Ahmuty, Demers & McManus for appellant.

Pollack, Pollack, Isaac & DeCicco, LLP, New York City (Brian J. Isaac and Michael H. Zhu of counsel), and Law Firm of Allen L. Rothenberg (Marc J. Rothenberg of counsel) for respondent.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ and JONES concur; Judge PIGOTT dissents and votes to reverse in an opinion in which Judge SMITH concurs.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

On June 18, 1999, at about 7:30 P.M., 16-year-old plaintiff Lamont Wilson allegedly was walking under scaffolding assembled by defendant Safway Steel Products when he saw the scaffolding shake and looked up, and a piece of material fell into his left eye. Plaintiff told hospital personnel that he thought that he had been struck by broken glass. Doctors...

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