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MATTER OF MOROZ v. CITY OF NEW YORK

2017-03813. Index No. 512271/16.

165 A.D.3d 799 (2018)

85 N.Y.S.3d 566

2018 NY Slip Op 06743

In the Matter of Witold Moroz, Respondent, v. City of New York et al., Appellants.

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

Decided October 10, 2018.

Ordered that the order is reversed, on the facts and in the exercise of discretion, with costs, the petition is denied, and the proceeding is dismissed.

The petitioner allegedly was injured on January 7, 2016, while standing on the second floor of an external scaffold, when he was struck by a falling scaffold plank while performing renovation work at Dyker Heights Intermediate School, in Brooklyn. Approximately seven months...

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