SINGH v. BLACK DIAMONDS LLC


24 A.D.3d 138 (2005)

805 N.Y.S.2d 58

VASUDEVA SINGH et al., Appellants-Respondents, v. BLACK DIAMONDS LLC et al., Respondents-Appellants, NASTASI WHITE, INC., Respondent, and LIBERTY CONTRACTING SERVICES, LTD., Appellant-Respondent. BLACK DIAMONDS LLC et al., Third-Party Plaintiffs-Appellants, v. NASTASI WHITE, INC. et al., Third-Party Defendants-Respondents.

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

December 6, 2005.


The motion court correctly determined that issues of fact exist as to whether plaintiff was furnished with an adequate safety device in the form of a piece of plywood, marked with spray paint, that Nastasi, the carpentry contractor responsible for penetration protection, nailed over the opening created by Liberty, the demolition contractor; and whether plaintiff's purported act of prying the plywood off of the opening, precipitating his fall, was the sole proximate cause...

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