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BARRETO v. METROPOLITAN AUTH

No. 33

25 N.Y.3d 426 (2015)

34 N.E.3d 815

13 N.Y.S.3d 305

2015 NY Slip Op 03875

RAUL BARRETO, Appellant, et al., Plaintiff, v. METROPOLITAN TRANSPORTATION AUTHORITY et al., Respondents. (And Third-Party Actions.)

Court of Appeals of New York.

Decided May 7, 2015.

Attorney(s) appearing for the Case

Gorayeb & Associates, P.C., New York City ( John M. Shaw of counsel), for appellant.

Wilson Elser Moskowitz Edelman & Dicker LLP, New York City ( Patrick J. Lawless of counsel), for Metropolitan Transportation Authority and another, respondents.

Zachary W. Carter , Corporation Counsel, New York City ( Susan Paulson and Francis F. Caputo of counsel), for City of New York, respondent.

Jones Morrison, LLP, Scarsdale ( Clifford I. Bass of counsel), for IMS Safety Inc., respondent.

Order modified, with costs to plaintiff Raul Barreto, in accordance with the opinion herein and, as so modified, affirmed, and certified question not answered as unnecessary.

OPINION OF THE COURT

Plaintiff Raul Barreto, an asbestos handler employed by asbestos removal contractor P.A.L. Environmental Safety Corp. (PAL), allegedly sustained on-the-job injuries after falling through an uncovered manhole in Manhattan at a location owned by the City of...

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