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CARBALLO v. 444 EAST 87TH STREET OWNERS CORP.

14 A.D.3d 526 (2005)

789 N.Y.S.2d 170

ERNESTO CARBALLO, Plaintiff, v. 444 EAST 87TH STREET OWNERS CORP. et al., Respondents, and BIG Z BUILDERS, INC., et al., Appellants.

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

January 18, 2005.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is denied, and the verdict is reinstated.

The plaintiff was employed on a waterproofing project at 444 East 87th Street in New York. He was injured when he fell while ascending a fire escape to gain access to the roof of the building. The plaintiff alleged that the accident was proximately caused by the negligence of the building owner, the defendant 444 East 87th Street...

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