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HARKIN v. CITY OF NEW YORK

2009-01670

69 A.D.3d 901 (2010)

893 N.Y.S.2d 273

2010 NY Slip Op 647

MICHAEL HARKIN et al., Respondents, v. CITY OF NEW YORK, Appellant.

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

Decided January 26, 2010.

Ordered that the order is affirmed, with costs.

The plaintiff Michael Harkin (hereinafter the plaintiff) was employed as a construction worker with a company known as AJ Pegno. In July 2001 the plaintiff was assigned to a project at the Newtown Creek sewage treatment center, which is owned by the defendant, City of New York. The work site had a shanty for employees to change their clothes. The shanty was approximately 100 feet from the parking lot, and could be reached...

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