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MONCAYO v. CURTIS PARTITION CORPORATION

2011-11671.

106 A.D.3d 963 (2013)

965 N.Y.S.2d 593

2013 NY Slip Op 3644

GALO MONCAYO et al., Appellants, v. CURTIS PARTITION CORPORATION et al., Respondents.

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

Decided May 22, 2013.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff Galo Moncayo, a worker at a school construction site, allegedly was injured when, while standing on the ground outside the school, he was struck by a piece of sheetrock that had fallen from the third floor of the school building. Another worker, Michael McNerny, had been working on the third floor, using a power saw to cut out a piece...

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