BALBUENA v. NEW YORK STOCK EXCHANGE, INC.


49 A.D.3d 374 (2008)

853 N.Y.S.2d 330

FRANKLIN BALBUENA, Respondent, v. NEW YORK STOCK EXCHANGE, INC., Appellant-Respondent, and REGIONAL SCAFFOLDING & HOISTING CO., INC., et al., Respondents-Appellants.

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

Decided March 13, 2008.


NYSE hired nonparty construction manager AMEC to oversee a renovation of its premises; AMEC contracted with Regional to design and erect a scaffold; Regional subcontracted with B & C to physically erect and dismantle the scaffold. During the dismantling process, after removal of protective railing and certain steel wiring, plaintiff, an employee of AMEC, used the scaffold to wash down internal walls, and fell when a plank, no longer properly secured, overturned.

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