D'Amelio v. Tishman Construction Corp.

Judgment, Supreme Court, New York County (Jane Solomon, J.), entered November 6, 2002, which, to the extent appealed from as limited by the briefs, upon a directed verdict, dismissed the second third-party complaint, unanimously affirmed, without costs.

Plaintiff was injured when, while searching for a piece of plywood at a construction site owned by second third-party plaintiff SZS 33rd Associates and managed by second third-party plaintiff Tishman Construction Corporation, he fell into an open and unguarded trench. Contrary to the contention of SZS and Tishman, the evidence did not warrant…