GALLAGHER v. LEVIEN & COMPANY

1506, 1506A, 100769/01, 590220/01, 590611/01.

72 A.D.3d 407 (2010)

898 N.Y.S.2d 35

JOSEPH GALLAGHER et al., Respondents-Appellants, v. LEVIEN & COMPANY et al., Respondents. (And a Third-Party Action.) LEVIEN & COMPANY et al., Second Third-Party Plaintiffs-Respondents, v. SHROID CONSTRUCTION, INC., Second Third-Party Defendant-Respondent, and CORD CONSTRUCTION, Second Third-Party Defendant-Appellant-Respondent.

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

Decided April 1, 2010.


While working on a synagogue restoration project, the injured plaintiff stepped or fell into a hole in an alleyway running alongside the building's wall and above its basement. Plaintiff testified that he became "wedged" in the hole, with one leg in it and the other on the ground above. He said that, immediately before falling, he picked up a piece of unsecured plywood that (unbeknownst to him) had been covering the hole, which he described as having an opening of three feet...

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