FAZZOLARI v. CITY OF NIAGARA FALLS


277 A.D.2d 962 (2000)

715 N.Y.S.2d 823

LOUIS FAZZOLARI, Individually and as Administrator of the Estate of STELLA FAZZOLARI, Deceased, Respondent, v. CITY OF NIAGARA FALLS et al., Respondents, and O'BRIEN-KREITZBERG & ASSOCIATES, INC., Appellant.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided November 13, 2000.


Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Louis Fazzolari (plaintiff) was injured when he fell from scaffolding during the construction of a water treatment facility. Defendant City of Niagara Falls (City) contracted with defendant O'Brien-Kreitzberg & Associates, Inc. (OKA) to act as the construction manager on the project. OKA appeals from an order of Supreme Court that, inter alia,<...

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