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LELEK v. VERIZON N.Y., INC.

54 A.D.3d 583 (2008)

863 N.Y.S.2d 429

ANTONI LELEK, Appellant-Respondent, v. VERIZON NEW YORK, INC., et al., Respondents-Appellants. VERIZON NEW YORK, INC., Third-Party Plaintiff-Respondent-Appellant, v. LVI SERVICES, INC., Third-Party Defendant-Respondent.

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

Decided September 9, 2008.

In connection with the demolition of an overpass, plaintiff, an asbestos handler, was instructed to descend from the overpass's partially demolished roadway onto a wooden deck approximately three feet below, where he was to erect a decontamination chamber for the removal of asbestos from a pipe traversing the overpass. Plaintiff was required to step from the roadway, from which rebar was protruding, onto a foot-wide I-beam about nine inches below the roadway and from the...

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