MILITELLO v. 45 W. 36TH ST. REALTY CORP.


15 A.D.3d 158 (2005)

789 N.Y.S.2d 23

FRED MILITELLO, Appellant, v. 45 W. 36TH ST. REALTY CORP. et al., Defendants and Third-Party Plaintiffs-Respondents. ABRUZZO ASSOCIATES CORPORATION, Third-Party Defendant-Respondent. 45 W. 36TH ST. REALTY CORP. et al., Second Third-Party Plaintiffs, v. C.J.M. PLUMBING CORP., Second Third-Party Defendant-Respondent.

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

February 1, 2005.


Plaintiff injured his hand while installing drywall in a room in a building at 45 West 36th Street in Manhattan. He caught his foot on a pipe protruding from the base of one of several radiators situated, uninstalled, in the middle of the floor, fell forward and, reaching out instinctively to break his fall, grabbed a sharp metal stud in the wall. Plaintiff was employed by third-party defendant Abruzzo Associates Corporation, which...

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