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WILINSKI v. 334 EAST 92ND HOUSING DEVELOPMENT FUND CORP.

2232, 117632/05

71 A.D.3d 538 (2010)

898 N.Y.S.2d 15

ANTONI WILINSKI et al., Respondents, v. 334 EAST 92ND HOUSING DEVELOPMENT FUND CORP. et al., Appellants.

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

Decided March 23, 2010.

Plaintiff Antoni Wilinski, while engaged in the demolition of a wall, was struck in the head by two large pipes that had been standing unsecured following the removal of the floor and ceiling above and toppled over when they were hit by debris from another wall undergoing demolition. The collapse of the pipes, like the collapse of a wall in Misseritti v Mark IV Constr. Co. (86 N.Y.2d 487 [1995]), is not the "type of elevation-related...

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