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POWELL v. NORFOLK HUDSON, LLC

2016-01381. Index No. 500021/09.

164 A.D.3d 1283 (2018)

82 N.Y.S.3d 107

2018 NY Slip Op 06047

Elston Powell, Appellant, v. Norfolk Hudson, LLC, et al., Defendants, and 101 Norfolk, LLC, Respondent. (And a Third-Party Action.)

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

Decided September 12, 2018.

Ordered that the order is reversed, on the law, with costs, and the motion of the defendant 101 Norfolk, LLC, for summary judgment dismissing the complaint insofar as asserted against it is denied.

The plaintiff, a construction worker, alleges that he was removing equipment and construction materials from the roof of a building located at 101 Norfolk Street in Manhattan when workers who were constructing a building on the adjacent lot,

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