BELL v. BENGOMO REALTY, INC.


36 A.D.3d 479 (2007)

829 N.Y.S.2d 42

HART BELL et al., Appellants, v. BENGOMO REALTY, INC., et al., Respondents, et al., Defendant.

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

Decided January 16, 2007.


Plaintiff was employed as an electrician by nonparty Empire Erectors, who was contracted by lessee Willow Media to erect two billboards in a parking lot owned by Bengomo Realty. Plaintiff sustained injuries when the ground under his feet gave way, causing him to fall into the open trench excavated by defendant subcontractor Astrov and hit the rebar installed therein. Plaintiff claims that his injuries were caused by the defendants' negligence in excavating the trench.

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