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BEDNARCZYK v. VORNADO REALTY TRUST

63 A.D.3d 427 (2009)

881 N.Y.S.2d 51

ROMAN BEDNARCZYK et al., Respondents-Appellants, v. VORNADO REALTY TRUST et al., Appellants-Respondents, and CALL ELECTRIC CO., INC., Respondent-Appellant and Third-Party Plaintiff-Respondent-Appellant. SUPERIOR ACOUSTICS, INC., Third-Party Defendant-Respondent-Appellant.

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

Decided June 4, 2009.

The allegedly dangerous condition was an electric light fixture that was suspended, apparently from a beam, after removal of the acoustic tiles and grids forming the bathroom's drop ceiling. Issues of fact exist, including who removed the grid that held the fixture and who suspended the original fixture from a beam, that make it uncertain whether the allegedly dangerous condition was created by Call, hired to remove old lighting...

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