CORDEIRO v. SHALCO INVESTMENTS


297 A.D.2d 486 (2002)

747 N.Y.S.2d 194

FABIO CORDEIRO et al., Respondents, v. SHALCO INVESTMENTS et al., Respondents, and HICKSVILLE PAVING, INC., Appellant, et al., Defendants.

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

Decided September 5, 2002.


On December 7, 1998, Fabio Cordeiro (plaintiff) began working on a garage renovation project, in which his job was to chip concrete off of exposed and elevated steel beams. On December 8, 1998, plaintiff was injured when he fell from one of the beams, on which he had been positioned, onto the concrete floor below. Plaintiff, in the affidavit he submitted in support of his summary judgment motion, averred that he had been directed by "the senior employee" at the worksite to...

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