RICO-CASTRO v. DO & CO NEW YORK CATERING, INC.


60 A.D.3d 749 (2009)

874 N.Y.S.2d 576

WILMAR RICO-CASTRO, Respondent, v. DO & CO NEW YORK CATERING, INC., Appellant.

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

Decided March 10, 2009.


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

The plaintiff was employed by nonparty Olympic Fence & Railing Co., Inc. (hereinafter Olympic Fence), a company hired by the defendant to remove an interior 12-foot fence topped with barbed wire in the defendant's warehouse and reinstall it elsewhere in the same warehouse. The fence was bolted to a concrete floor and holes needed to be drilled in the floor in order to move it. The warehouse...

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