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HARRIS v. CITY OF NEW YORK

25569/03, 3494.

83 A.D.3d 104 (2011)

KENDALL HARRIS, Appellant, v. CITY OF NEW YORK, Respondent.

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

Decided April 5, 2011.

Attorney(s) appearing for the Case

Sacks and Sacks, LLP, New York City ( Scott Singer of counsel), for appellant.

Wade Clark Mulcahy , New York City ( Nicole Y. Brown and John Mulcahy of counsel), for respondent.

TOM, J.P., FRIEDMAN, RENWICK and MANZANET-DANIELS, JJ., concur.

OPINION OF THE COURT

CATTERSON, J.

In this personal injury action, the plaintiff's Labor Law claims arise out of an accident that occurred while the plaintiff was employed as an ironworker on the Macombs Dam Bridge which spans the Harlem River between Manhattan and the Bronx. The bridge is owned by the defendant, City of New York.

The project on which the plaintiff was employed entailed the removal of the bridge's deck, a steel grid filled with concrete...

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