VERDUGO v. SEVEN THIRTY ONE LIMITED PARTNERSHIP


70 A.D.3d 600 (2010)

JOSE VERDUGO et al., Appellants-Respondents, v. SEVEN THIRTY ONE LIMITED PARTNERSHIP et al., Respondents-Appellants.

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

Decided February 25, 2010.


On a December midday in 2003, plaintiff Jose Verdugo was struck and injured by a large piece of plywood as he walked on Lexington Avenue. It is uncontested that the plywood blew from a construction area at about the 52nd floor of the building at 731 Lexington Avenue, owned by 731. Bovis was the construction manager, and defendant North Side was a subcontractor responsible for floor construction, which included the pouring of concrete into wooden forms.

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