Hanrahan v. Whiting Turner Constr., Inc., 33 A.D.3d 338 (N.Y. App. Div. 1st Dep't 2006). · Go Syfert
Hanrahan v. Whiting Turner Constr., Inc., 33 A.D.3d 338 (N.Y. App. Div. 1st Dep't 2006). Cases Citing This Book View Copy Cite
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Kevin Hanrahan
v.
Whiting Turner Construction, Inc., and Carmody Contracting, Inc., (And a Third-Party Action.)
Appellate Division of the Supreme Court of the State of New York.
Oct 3, 2006.
Published opinion
33 A.D.3d 338
Cited by 1 opinion  |  Published

Order, Supreme Court, Bronx County (Kenneth L. Thompson, Jr., J.), entered October 11, 2005, which, inter alia, denied so much of defendant-appellant’s cross motion for summary judgment as sought dismissal of plaintiffs common-law negligence claim against it, unanimously affirmed, without costs.

Plaintiff was allegedly injured when he fell over rebar protruding from a ramp under construction. In view of factual questions as to whether defendant-appellant created the complained-of danger by failing to erect barricades around its work site, summary judgment dismissing the common-law negligence cause against it was properly denied. We note that there is also a factual issue as to whether the alleged hazard was open and obvious (see Juoniene v H.R.H. Constr. Corp., 6 AD3d 199 [2004]). Concur—Saxe, J.P., Friedman, Williams, Catterson and Malone, JJ.