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CHRISTIANO v. RANDOM HOUSE, INC.

51 A.D.3d 579 (2008)

858 N.Y.S.2d 168

CARMINE CHRISTIANO et al., Appellants-Respondents, v. RANDOM HOUSE, INC., et al., Respondents. RANDOM HOUSE, INC., et al., Third-Party Plaintiffs-Respondents, v. TOTAL SAFETY, Third-Party Defendant, and PLAZA CONSTRUCTION CORP., Third-Party Defendant-Respondent-Appellant.

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

Decided May 29, 2008.

The evidence, as exemplified by the plaintiff worker's own deposition testimony, does not establish that the accident occurred when he was standing on the floor of a soffit interior that collapsed beneath him. To the contrary, it appears that he was standing on the steel beam within the soffit's interior, which did not shift, break or collapse when he fell (compare Gomez v 2355 Eighth Ave., LLC, 45 A.D.3d 493 [2007]; Becerra v...

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