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ALVAREZ v. COLGATE SCAFFOLDING & EQUIPMENT CORP.

1810, 23808/06, 86212/07, 83798/08

68 A.D.3d 583 (2009)

2009 NY Slip Op 9404

892 N.Y.S.2d 50

RICHARD ALVAREZ, Plaintiff, v. COLGATE SCAFFOLDING & EQUIPMENT CORP., Appellant, and 170 EAST 77TH REALTY GROUP LLC et al., Respondents. (And Other Actions.)

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

Decided December 17, 2009.

Issues of fact as to the whether the sidewalk bridge's cross-brace from which plaintiff fell was properly installed precluded summary dismissal (see Sommer v Federal Signal Corp., 79 N.Y.2d 540, 554-555 [1992]). Colgate's principal testified that the bridge was installed properly, that when Colgate oversees an installation the cross-braces are always tightened securely, that construction workers often loosen the bolts and remove...

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