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VALENCIA v. E.C.C.O. III ENTERPRISES, INC.

278 A.D.2d 406 (2000)

718 N.Y.S.2d 612

ARTURO VALENCIA, Appellant, v. E.C.C.O. III ENTERPRISES, INC., Defendant and Third-Party Plaintiff-Respondent. PRECON CONCRETE, INC., Third-Party Defendant-Respondent.

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

Decided December 18, 2000.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs.

The accident in question did not involve an elevation-related hazard (see, Rodriguez v Tietz Ctr. for Nursing Care, 84 N.Y.2d 841; Carroll v Timko Contr. Corp., 264 A.D.2d 706; Sutfin v Ithaca Coll., 240 A.D.2d 989). Nor did the accident involve a violation...

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