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GALLAGHER v. NEW YORK POST

No. 8

14 N.Y.3d 83 (2010)

923 N.E.2d 1120

896 N.Y.S.2d 732

2010 NY Slip Op 1014

HUGH GALLAGHER et al., Appellants, v. THE NEW YORK POST et al., Respondents. NYP HOLDINGS, INC., Third-Party Plaintiff-Respondent, v. FRANCIS A. LEE CO., Third-Party Respondent.

Court of Appeals of New York.

Decided February 11, 2010.

Attorney(s) appearing for the Case

Sacks and Sacks, LLP, New York City (Scott N. Singer and Kenneth Sacks of counsel), for appellants.

Jones Hirsch Connors & Bull P.C., New York City (Richard C. Imbrogno and Mark Wellman of counsel), for respondents and third-party plaintiff-respondent.

Rafter & Associates, PLLC, New York City (Howard K. Fishman of counsel), for third-party defendant-respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH and JONES concur.

OPINION OF THE COURT

PIGOTT, J.

On June 28, 2004, plaintiff Hugh Gallagher, an ironworker, was assigned to remove a section of metal decking from the second floor of a building in the Bronx owned by defendant NYP Holdings, Inc. (NYP), in preparation for the installation of new flooring. He was partnered with another ironworker, Jim Gaffney; the two men worked under the direction of foreman Joe Nover. Gallagher was...

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