BAYO v. 626 SUTTER AVE. ASSOC., LLC

9489-304045/08, 9490.

106 A.D.3d 648 (2013)

966 N.Y.S.2d 390

2013 NY Slip Op 3801

MOMODOU J. BAYO, Administrator of the Estate for YUSUPHA TUNKARA, et al., Appellants, v. 626 SUTTER AVENUE ASSOCIATES, LLC, et al., Defendants, and SUTTER AVENUE ASSOCIATES, LLC, Respondent.

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

Decided May 28, 2013.


On the morning of November 22, 2006, decedent Yusupha Tunkara was found dead at a construction site in a make-shift tool shed built by his employer, Joy Construction (Joy). Defendant-respondent Sutter Avenue Associates, LLC was the developer of the building under construction, and had retained Joy as the general contractor. An investigation and autopsy revealed that decedent had died from carbon monoxide poisoning caused by a gasoline-powered generator in the shed. Decedent...

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