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LUCK v. ROCKLEDGE SCAFFOLD CORP.

6160 303132/09 84132/12 83755/15.

159 A.D.3d 660 (2018)

73 N.Y.S.3d 64

2018 NY Slip Op 02273

FRANCINE LUCK, Respondent, v. ROCKLEDGE SCAFFOLD CORP., Appellant/Third-Party Plaintiff-Respondent-Appellant, et al., Defendant. GVA WILLIAMS REAL ESTATE CO. et al., Third-Party Defendants-Appellants-Respondents, et al., Third-Party Defendant. (And a Second Third-Party Action.).

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

Decided March 29, 2018.

Plaintiff raised an issue of fact whether defendant Rockledge launched an instrument of harm by placing a wooden plank on the ground to support the sidewalk bridge without installing a crossbar over the plank to prevent people from walking over it (see Espinal v Melville Snow Contrs., 98 N.Y.2d 136, 140 [2002]; Heard v City of New York, 82 N.Y.2d 66, 72 [1993]). Rockledge's foreman testified...

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