SCHAEFER v. TISHMAN CONSTR. CORP.

4481, 113074/11.

153 A.D.3d 1169 (2017)

2017 NY Slip Op 06606

60 N.Y.S.3d 663

WILLIAM SCHAEFER et al., Respondents, v. TISHMAN CONSTRUCTION CORPORATION et al., Defendants, and PETROCELLI ELECTRIC CO., INC., Appellant. (And Third-Party Actions.)

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

Decided September 26, 2017.


While the testimony of defendant Weill Cornell Medical College's construction safety manager that Petrocelli was working on the B-3 level at the time of plaintiff's accident may have been hearsay, he further testified that Petrocelli, along with another electrical contractor, remained on the job site around the time of plaintiff's accident, raising issues of fact as to whether it left the job site by the time of plaintiff's accident. Furthermore, to the extent Petrocelli...

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