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ORELLANA v. MEROLA ASSOCIATES, INC.

287 A.D.2d 412 (2001)

731 N.Y.S.2d 726

GILBERT ORELLANA, Respondent, v. MEROLA ASSOCIATES, INC., et al., Appellants.

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

Decided October 30, 2001.

Plaintiff, a porter in an apartment building, alleges that he was injured when he tripped and fell on warped plywood covering newly cemented steps that were being installed by defendant contractors. Viewing the evidence in the light most favorable to plaintiff (see, Rockefeller Univ. v Tishman Constr. Corp., 240 A.D.2d 341, 342, lv denied 91 N.Y.2d 803), including his deposition...

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