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CAMPUZANO v. BOARD OF EDUC. OF THE CITY OF NEW YORK

54 A.D.3d 268 (2008)

JOAQUIN CAMPUZANO et al., Appellants-Respondents, v. BOARD OF EDUCATION OF THE CITY OF NEW YORK, Respondents-Appellants, et al., Defendant.

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

August 12, 2008.

Plaintiff Joaquin Campuzano and a coworker, while performing asbestos abatement work, were removing a heavy duct from a ceiling by cutting it with an acetylene torch. They started this work on a scaffold, but Campuzano determined it was dangerous to work that way, and decided instead to set up a ladder adjacent to the scaffold. While Campuzano was standing on the ladder and holding the hoses for the torch, a portion of the duct...

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