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WALKER v. CITY OF NEW YORK

2009-04191

72 A.D.3d 936 (2010)

899 N.Y.S.2d 322

MILTON WALKER, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided April 20, 2010.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff was injured while working as a laborer, employed by a nonparty subcontractor, on a sewer repair project at premises allegedly owned by the defendants. The plaintiff descended down a manhole, into the sewer, and placed an inflatable balloon-type device inside the sewer pipe. As he was climbing up a permanently affixed ladder, and attempting...

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