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GALLINA v. MTA CAPITAL CONSTR. CO.

Index No. 157087/15. Appeal No. 13482. Case No. 2020-01706.

193 A.D.3d 414 (2021)

146 N.Y.S.3d 244

2021 NY Slip Op 02067

Vito Gallina et al., Respondents-Appellants, v. MTA Capital Construction Company et al., Appellants-Respondents.

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

Decided April 1, 2021.

Attorney(s) appearing for the Case

Shaub, Ahmuty, Citrin & Spratt, Lake Success ( Christopher Simone of counsel), for appellants-respondents.

Roura & Melamed, New York ( Alexander J. Wulwick of counsel), for respondents-appellants.

Concur—Acosta, P.J., Kapnick, Webber, Kennedy, JJ.

Defendants' contention that plaintiff's accident occurred in a storage room, unconnected to the ongoing construction, is not supported by the record. The details concerning the physical layout of the accident site are nearly impossible to discern from the evidence submitted. And while defense counsel repeatedly used the phrase "material room" in his questions to the witnesses, neither witness acceded to the existence of such a...

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