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CRUZ v. NEIL HOSPITALITY, LLC

50 A.D.3d 619 (2008)

855 N.Y.S.2d 219

ALEJANDRO CRUZ, Appellant, v. NEIL HOSPITALITY, LLC, Respondent, and TOP 8 CONSTRUCTION CORP., Defendant and Third-Party Plaintiff-Respondent. PRO WELD FABRICATORS, INC., Third-Party Defendant.

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

Decided April 1, 2008.

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

The plaintiff was employed as an iron worker by a subcontractor that was working on the construction of a hotel for the defendant Neil Hospitality, LLC. The plaintiff, along with five other workers, was attempting to move a steel beam, 20 feet long and weighing approximately 800 pounds, by pushing it over a dirt mound about 15 feet high. They were moving...

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