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ANGAMARCA v. NEW YORK CITY PARTNERSHIP HOUSING DEVELOPMENT FUND COMPANY

56 A.D.3d 264 (2008)

866 N.Y.S.2d 659

JORGE ANGAMARCA, Respondent-Appellant, and BLANCA A. GUGUANCELA ENCOLADA, Respondent, v. NEW YORK CITY PARTNERSHIP HOUSING DEVELOPMENT FUND COMPANY, INC., et al., Appellants-Respondents.

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

November 6, 2008.

During the construction of a townhouse, Angamarca fell from the roof and was discovered lying on the second floor of the building. Although no one witnessed the fall, and the injured worker had no recollection of what happened, there was strong circumstantial evidence (see Burgos v Aqueduct Realty Corp., 92 N.Y.2d 544, 550 [1998]) that he probably fell through an improperly covered skylight hole in the roof. Just prior to the fall...

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