Legal Opinion

Thomas v. 2 Overhill Road Associates

Appellate Division of the Supreme Court of the State of New York

Decided November 13, 2003PublishedCited by 1 opinion

1Opinion of the Court

Order, Supreme Court, Bronx County (Anne Targum, J.), entered April 11, 2003, which, to the extent appealed from, denied the motion by defendants 2 Overhill Road Associates and The Blitman Building Corp. for summary judgment dismissing the complaint, and denied 2 Overhill Road Associates’ motion for summary judgment in its third-party action against Structural Contracting Corp., unanimously affirmed, without costs.

At the time plaintiff Sylvester Thomas was struck by a falling length of pipe, he was physically participating in the operation to unfasten and remove that pipe from the ceiling…

2Cases cited4 opinions

  1. Narducci v. Manhasset Bay AssociatesNew York Court of Appeals · 2001
  2. Itri Brick & Concrete Corp. v. Aetna Casualty & Surety Co.New York Court of Appeals · 1997
  3. Roberts v. General Electric CompanyNew York Court of Appeals · 2002
  4. Gawel v. Consolidated Edison Co. of New York, Inc.Appellate Division of the Supreme Court of the State of New York · 1997

3Cited by1 opinion

  1. Tylutki v. Tishman TechnologiesAppellate Division of the Supreme Court of the State of New York · 2004

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