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SANTOS v. 304 W. 56TH ST. LLC

21 Misc.3d 174 (2008)

862 N.Y.S.2d 435

DANNY SANTOS, Plaintiff, v 304 WEST 56TH STREET REALTY LLC et al., Defendants.

Supreme Court, Kings County.

July 30, 2008.

Attorney(s) appearing for the Case

Law Offices of Edward Garfinkel, New York City, for 304 West 56th Street Realty LLC, defendant.

Yudin & Yudin, New York City, for Bricco Restaurant Corp., defendant.

Havkins, Rosenfeld, Ritzert & Varriale, LLP, New York City, for Eighth & 56th Street Associates, LLP and another, defendants.

Pollack, Pollack, Isaac & DeCicco, New York City, for plaintiff.

OPINION OF THE COURT

HERBERT KRAMER, J.

Plaintiff spent the afternoon cleaning and relocating exhaust ducts as part of a job being done for defendant Bricco Restaurant Corp. After the work concluded for the day, plaintiff went to the roof to collect his tools. One of the tools fell off the roof into an alleyway between buildings owned by the codefendant owners. In an effort to retrieve the tool, plaintiff went through the building next door to gain entrance...

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