SINCHI v. ALOIA


48 A.D.3d 373 (2008)

853 N.Y.S.2d 40

JULIO SILVIO SINCHI, Appellant, v. MARIO ALOIA et al., Defendants, and JORGE PEREIRA CONSTRUCTION, INC., Respondent.

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

Decided February 28, 2008.


Plaintiff sustained injury while working on the second story of a house being built for the Aloias. He fell into the basement through three-by-six-foot openings cut into the first and second floors to accommodate a chimney to be constructed by Pereira. Plaintiff's intimation that the protective planking that had covered the openings in the first and second floors might have been removed by one of Pereira's employees is unsupported by admissible evidence, and the complaint...

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