CERVERIZZO v. CITY OF NEW YORK

11977, 15302/05, 84681/05, 85328/06, 86200/07

116 A.D.3d 469 (2014)

983 N.Y.S.2d 515

2014 NY Slip Op 2385

JOSEPH CERVERIZZO et al., Respondents, v. CITY OF NEW YORK et al., Appellants and Third-Party Plaintiffs-Appellants, et al., Third-Party Defendants. (And Other Third-Party Actions.)

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

Decided April 8, 2014.


Plaintiff Joseph Cerverizzo, an employee of third party defendant subcontractor Delta Installations, Inc., suffered injuries allegedly due to the inhalation of toxic fumes while he was installing brackets in an empty aeration tank at the Hunts Point Sewage Treatment Plant, owned by defendants New York City and the Department of Environmental Protection (DEP), which hired defendant Yonkers Construction Corp., as general contractor, to upgrade the plant (collectively, defendants...

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