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MONTAS v. JJC CONSTR. CORP.

No. 2.

20 N.Y.3d 1016 (2013)

985 N.E.2d 1225

963 N.Y.S.2d 164

2013 NY Slip Op 785

JOSE MONTAS, Appellant, v. JJC CONSTRUCTION CORPORATION et al., Respondents.

Court of Appeals of New York.

Decided February 7, 2013.

Attorney(s) appearing for the Case

Pollack, Pollack, Isaac & DeCicco, LLP, New York City ( Michael H. Zhu and Brian J. Isaac of counsel), for appellant.

Mitchell Silberberg & Knupp LLP, New York City ( Lauren J. Wachtler of counsel), for JJC Construction Corporation, respondent.

Michael A. Cardozo , Corporation Counsel, New York City ( Omar Nasar , Francis F. Caputo and Margaret G. King of counsel), for City of New York and another, respondents.

Chief Judge LIPPMAN and Judges GRAFFEO, READ, SMITH and PIGOTT concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

On September 11, 1999, while walking in the Bronx after dark with his cousin near a concrete barrier and fence cordoning off roadway construction, plaintiff Jose Montas stepped over a two-by-four piece of lumber and into what he characterized as "sand and construction debris," which allegedly caused him...

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