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NIMIROVSKI v. VORNADO REALTY TRUST CO.

29 A.D.3d 762 (2006)

818 N.Y.S.2d 93

MOSHE NIMIROVSKI et al., Respondents, v. VORNADO REALTY TRUST Co. et al., Defendants, and KINGS PLAZA SHOPPING CENTER OF AVENUE U et al., Defendants and Third-Party Plaintiffs-Appellants. CAPONE & DENILO, INC., et al., Third-Party Defendants-Appellants. (And Other Third-Party Actions.)

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

May 16, 2006.

Ordered that the order is affirmed, with one bill of costs.

The plaintiff Moshe Nimirovski, a welder, was injured when a piece of the sign truss he was cutting down from a storefront fell to the floor and struck the base of the scaffold on which he was standing. The scaffold shook, and Nimirovski, attempting to keep his balance, leaned back against the wall of the storefront, causing the scaffold to move away from the wall. The injured plaintiff then fell five or...

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