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RICE v. WEST 37TH GROUP, LLC

3199, 101207/05, 3200, 590813/05, 590592/08.

78 A.D.3d 492 (2010)

913 N.Y.S.2d 13

KATHLEEN RICE et al., Appellants, v. WEST 37TH GROUP, LLC, et al., Respondents. (And Other Actions.) KATHLEEN RICE et al., Respondents, v. WEST 37TH GROUP, LLC, et al., Appellants. et al., Defendant. (And Other Actions.)

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

Decided November 16, 2010.

On November 23, 2004, plaintiff's decedent, James Rice, was injured while working as a steamfitter for Five Boro Associates, Inc. Five Boro was the subcontractor hired to install a sprinkler system in connection with the construction of a theater facility. At the time of the accident, Rice and Timothy Gleason, a colleague, were attempting to connect the building's water main to a riser on the seventh floor of the structure. This entailed drilling a hole in the wall at the...

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