PREKULAJ v. TERANO REALTY, INC.


235 A.D.2d 201 (1997)

652 N.Y.S.2d 10

Luigi Prekulaj et al., Respondents, v. Terano Realty, Inc., et al., Appellants

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

January 7, 1997


Plaintiff Luigi Prekulaj injured his back while elevating bags of cement to the roof of a construction site by means of a forklift. He had raised the forklift to a window opening, and then jumped onto the pallet to hand the bags through the opening to a co-worker on the roof, when the pallet suddenly tilted, causing him to lose his balance. According to his deposition testimony (given with the help of an interpreter), he was "going down together with bag and steels" and would...

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