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SCUDERI v. INDEPENDENCE COMMUNITY BANK CORP.

65 A.D.3d 928 (2009)

884 N.Y.S.2d 861

RICHARD SCUDERI, Respondent, v. INDEPENDENCE COMMUNITY BANK CORP. et al., Respondents-Appellants, and KANE BROTHERS CARPETING, INC., et al., Appellants-Respondents.

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

Decided September 15, 2009.

Plaintiff was a carpenter employed by a nonparty general contractor that hired Kane/Showplace as subcontractors for a project to renovate the premises owned by Tenants Corp. and leased by Independence. Plaintiff claims he was injured when he tripped over debris consisting of, inter alia, cardboard boxes and twine, allegedly belonging to Kane/Showplace.

Kane/Showplace moved to dismiss plaintiff's Labor Law §§ 200 and 241 (6) and common-law negligence claims...

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