MOUTA v. ESSEX MKT. DEV. LLC

9269, 307749/08, 83768/09, 83824/09.

106 A.D.3d 549 (2013)

966 N.Y.S.2d 13

2013 NY Slip Op 3579

DOMINGOS MOUTA et al., Respondents, v. ESSEX MARKET DEVELOPMENT LLC, Appellant-Respondent/Third-Party Plaintiff-Appellant-Respondent, and JF CONTRACTING CORP., Respondent-Appellant/Third-Party Plaintiff-Respondent-Appellant, et al., Defendant. MARANGOS CONSTRUCTION CORP., Third-Party Defendant-Respondent-Appellant.

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

Decided May 16, 2013.


Plaintiff Domingos Mouta was injured when he stepped on a section of plywood platform that, unbeknownst to him, was being dismantled, and he fell from the fourth floor to the second. There is no question that plaintiff's was a "gravity-related ... fall[] from a height," and that plaintiff was provided with no safety devices, such as a harness, to prevent the fall (see Ross v Curtis-Palmer Hydro-Elec. Co., 81 N.Y.2d 494, 501 [1993...

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