CACERES v. CIAMPA ORGANIZATION


47 A.D.3d 432 (2008)

850 N.Y.S.2d 36

JORGE CACERES, Respondent, v. CIAMPA ORGANIZATION et al., Defendants, and CIAMPA JAMAICA, LLC, et al., Appellants.

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

Decided January 8, 2008.


Issues of fact as to notice precluding dismissal of the section 200 claim are raised by evidence that the loose piece of planking over which plaintiff allegedly tripped was put down by appellants' employees to cover up an open area of the floor where air ventilation ducts were to be later installed, that the planking was obscured by dirt and debris all over the floor, and that appellants' employees were responsible for cleaning debris from the site (see Griffin v New York...

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