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SIMOES v. CITY OF NEW YORK

4284, 6506/04.

81 A.D.3d 514 (2011)

917 N.Y.S.2d 163

ANTONIO A. SIMOES, Appellant-Respondent, v. CITY OF NEW YORK, Respondent-Appellant.

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

Decided February 17, 2011.

On the night of the subject accident, plaintiff was working as a flagman charged with directing traffic so as to allow manlifts to be driven into position under the bridge that was being renovated. During the course of this work, one of the manlifts malfunctioned and the workers decided to drive it to a nearby vacant lot. When the manlift was unable to make it over the curb next to the lot, plaintiff climbed up the boom and into...

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