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GOGARTY v. HO

28 A.D.3d 607 (2006)

813 N.Y.S.2d 526

MICHAEL J. GOGARTY, Respondent, v. HAY KIT HO, Respondent, and ETNA MAINTENANCE CORP., Appellant. (And a Third-Party Action.)

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

April 18, 2006.

Ordered that the order is affirmed, with costs.

The plaintiff, while crossing First Avenue at the intersection of East 82nd Street in Manhattan, was struck by a vehicle owned and operated by the defendant Hay Kit Ho (hereinafter Ho) as the vehicle turned left onto First Avenue. At the time of the accident, the defendant ETNA Maintenance Corp. (hereinafter the appellant) was engaged in a construction project to remove and replace a portion of the sidewalk on the west...

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