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SPIELMANN v. 170 BROADWAY NYC LP

152835/15. Appeal No. 11984. Case No. 2020-00862.

187 A.D.3d 492 (2020)

133 N.Y.S.3d 556

2020 NY Slip Op 05608

Peter James Spielmann et al., Respondents, v. 170 Broadway NYC LP, Appellant-Respondent, McGowan Builders, Inc., et al., Respondents-Appellants, and DeMartino Construction Co., Inc., Respondent, et al., Defendant.

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

Decided October 8, 2020.

In this action for personal injuries sustained when a door in a construction fence opened out onto the sidewalk and struck plaintiff Spielmann in the head, plaintiffs' motion for partial summary judgment on liability was properly granted as to 170 Broadway and Colgate. The record is clear that the subject door was negligently installed insofar as it swung outward and was not recessed back from the sidewalk.

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