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BALZER v. CITY OF NEW YORK

61 A.D.3d 796 (2009)

877 N.Y.S.2d 435

JOHN H. BALZER, Respondent, v. CITY OF NEW YORK et al., Defendants, and TULLY CONSTRUCTION COMPANY, INC., et al., Defendants and Third-Party Plaintiffs-Appellants. CORNELL & COMPANY, INC., Third-Party Defendant-Appellant.

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

Decided April 21, 2009.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs payable by the appellants appearing separately and filing separate briefs.

On September 13, 2004, the plaintiff, an ironworker employed by the third-party defendant, was injured while working at a construction site involving rehabilitation of the Whitestone Expressway. The plaintiff was part of a crew bolting lateral bracing to road beams...

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