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HIXON v. YAAKOV

57 A.D.3d 328 (2008)

869 N.Y.S.2d 443

VERINA HIXON, Respondent, v. CONGREGATION BEIT YAAKOV, a New York Non-Profit Religious Corporation, et al., Defendants, and URBAN FOUNDATION ENGINEERING, LLC, Appellant. (And a Third-Party Action.)

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

December 18, 2008.

Urban, the subcontractor charged with installing the foundation system for the new structure adjacent to plaintiff's apartment building, failed to meet its initial burden of establishing, prima facie, that the performance of its inherently dangerous excavation work (see Klein v Beta I LLC, 10 A.D.3d 509, 510 [2004]), did not contribute to the damage to plaintiff's apartment. Although, pursuant to a preclusion order, plaintiff is...

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