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HEDVAT v. YONKERS CONTR. CO., INC.

8068, 111703/07, 590715/08, 590465/09.

96 A.D.3d 697 (2012)

948 N.Y.S.2d 45

2012 NY Slip Op 5265

RAHMAT HEDVAT, Plaintiff, v. YONKERS CONTRACTING COMPANY, INC., Respondent, and URS CORPORATION — New York, Defendant/Third-Party Plaintiff-Appellant/Second Third-Party Plaintiff-Appellant, et al, Defendant, et al., Third-Party Defendant. STONE & WEBSTER ENGINEERING NEW YORK, P.C., Second Third-Party Defendant-Respondent.

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

June 28, 2012.

The court properly declined to dismiss the contribution claims, as triable issues of fact exist as to whether URS, the construction manager, had the authority to control the work site and whether it had notice of the alleged dangerous condition on the site (Urban v No. 5 Times Sq. Dev., LLC, 62 A.D.3d 553, 556 [2009]).

As to whether URS had sufficient control over the site to address...

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