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Palumbo v. Innovative Comm. Concepts Inc.

Appellate Division of the Supreme Court of New York, First Department
Jun 25, 1998
251 A.D.2d 246 (N.Y. App. Div. 1998)

Opinion

June 25, 1998

Appeal from the Supreme Court, New York County (Richard Braun, J.).


An issue of fact exists as to the employer's supervisory responsibility for the telephone installation work, raised by deposition testimony that it was customary for the work to be inspected upon completion and that the employer had paid for the work without complaint. Also, upon the present record, including the evidence that the employer's specifications called for long wires allowing for the movement of telephones between desks, neither the employer's constructive notice of the loose wire over which plaintiff allegedly tripped, nor the possibility that one of the employer's agents created the hazard by moving a telephone after the installer had left the premises, has been sufficiently established to warrant summary judgment.

Concur — Sullivan, J. P., Ellerin, Williams, Tom and Mazzarelli, JJ.


Summaries of

Palumbo v. Innovative Comm. Concepts Inc.

Appellate Division of the Supreme Court of New York, First Department
Jun 25, 1998
251 A.D.2d 246 (N.Y. App. Div. 1998)
Case details for

Palumbo v. Innovative Comm. Concepts Inc.

Case Details

Full title:CLAUDIA PALUMBO, Plaintiff, v. INNOVATIVE COMMUNICATION CONCEPTS INC.…

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

Date published: Jun 25, 1998

Citations

251 A.D.2d 246 (N.Y. App. Div. 1998)
675 N.Y.S.2d 37

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