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ABELLEIRA v. CITY OF NEW YORK

2012-08913

120 A.D.3d 1163 (2014)

992 N.Y.S.2d 324

2014 NY Slip Op 06041

FERNANDO ABELLEIRA et al., Appellants-Respondents, v. CITY OF NEW YORK et al., Respondents-Appellants.

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

Decided September 10, 2014.

Ordered that the cross appeal is dismissed as withdrawn; and it is further,

Ordered that the order is affirmed insofar as appealed from; and it is further,

Ordered that the defendants are awarded one bill of costs.

On September 30, 2010, the day of the subject accident, the plaintiff Fernando Abelleiera (hereinafter the injured plaintiff), was working as a construction foreman employed by nonparty John P. Picone, Inc. (hereinafter Picone), for a construction...

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