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CANALS v. TILCON NEW YORK, INC.

2015-04824, Index No. 32544/13.

135 A.D.3d 683 (2016)

23 N.Y.S.3d 320

2016 NY Slip Op 00145

RAYMOND CANALS, Appellant, v. TILCON NEW YORK, INC., Respondent, et al., Defendant.

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

Decided January 13, 2016.

Ordered that the order is affirmed, with costs.

On March 30, 2012, the plaintiff allegedly was injured when he fell into a trench in a construction area while he was riding his bicycle on US Route 9W near its intersection with East Main Street in Stony Point. The plaintiff commenced this action against, among others, Tilcon New York, Inc. (hereinafter Tilcon), the general contractor on the construction project. Tilcon moved for summary judgment dismissing the complaint...

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