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LUMPKIN v. 3171 ROCHAMBEAU AVE, LLC

3273, 306647/08.

148 A.D.3d 511 (2017)

2017 NY Slip Op 01959

48 N.Y.S.3d 585

ELISHA LUMPKIN, Respondent, v. 3171 ROCHAMBEAU AVE, LLC, et al., Respondents, and QUALITY CONSTRUCTION COMPANY & CONTRACTING, Appellant.

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

Decided March 16, 2017.

Triable issues of fact exist as to whether Quality Construction created the complained-of danger by failing to erect barricades around its work site to protect plaintiff from falling into a ditch (see Hanrahan v Whiting Turner Constr., Inc., 33 A.D.3d 338 [1st Dept 2006]). Accordingly, the motion court correctly denied summary judgment dismissing the common-law negligence cause of action against Quality Construction.

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