CHACHA v. GLICKENHAUS DOYNOW SUTTON FARM DEVELOPMENT, LLC

2009-04968

69 A.D.3d 896 (2010)

894 N.Y.S.2d 480

2010 NY Slip Op 643

CARLOS ALBERTO CHACHA, Appellant, v. GLICKENHAUS DOYNOW SUTTON FARM DEVELOPMENT, LLC, et al., Respondents.

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

Decided January 26, 2010.


Ordered that the order is affirmed, with costs.

On the morning of March 6, 2007, in Chappaqua, the plaintiff, a carpenter, was nailing a plywood board to the floor joists of the first floor of a residence under construction. He was working less than four feet from the unprotected edge of the first floor, which was approximately 10 to 15 feet above a dirt floor. A stack of plywood boards, each eight feet by four feet by three-fourths inch in size, was placed nearby...

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