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CASTILLO v. 3440 LLC

46 A.D.3d 382 (2007)

847 N.Y.S.2d 575

SANTIAGO CASTILLO, Respondent-Appellant, v. 3440 LLC, Respondent, and CARMEN SANTOS, Individually and Doing Business as REIDS HOUSE OF BEAUTY, Appellant. (And a Third-Party Action.)

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

Decided December 20, 2007.

Plaintiff alleges he was injured when he was struck by boards of sheetrock while performing renovation work. Plaintiff's expert, a professional engineer whose opinion is unrefuted, found that the boards, which had been leaning against the wall, were inherently unstable and unsafely stored, in violation of Industrial Code (12 NYCRR) § 23-2.1 (a) (1) (see Lehner v Dormitory Auth. of State of N.Y., 221 A.D.2d 958 [1995]). As such...

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