ROMEO v. PROPERTY OWNER (USA) LLC


61 A.D.3d 491 (2009)

877 N.Y.S.2d 48

JOSEPH ROMEO, Appellant, v. PROPERTY OWNER (USA) LLC et al., Respondents.

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

Decided April 14, 2009.


Plaintiff electrician's injury occurred when, while walking on a raised computer floor, he stepped on a floor tile that suddenly and unexpectedly dislodged, causing his right foot to fall through the two-foot-by-two-foot opening created by the missing tile and strike the concrete subfloor 18 inches below.

Plaintiff's claims pursuant to Labor Law §§ 200, 240 (1) and § 241 (6) were properly dismissed. As to the section 240 (1) claim, plaintiff's injury...

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