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MERCADO v. TPT BROOKLYN ASSOCIATES, LLC

38 A.D.3d 732 (2007)

832 N.Y.S.2d 93

DIOGENES MERCADO, Appellant, v. TPT BROOKLYN ASSOCIATES, LLC, et al., Respondents, et al., Defendant.

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

Decided March 20, 2007.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff commenced this action to recover damages, pursuant to Labor Law §§ 200, 240 (1), and § 241 (6), for injuries he allegedly sustained when a piece of ceiling collapsed and struck him while he was performing interior demolition work. The plaintiff subsequently withdrew his causes of action alleging a violation Labor Law § 240 (1). Thereafter, the owner of the property...

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