MATA v. PARK HERE GARAGE CORP.

1674, 23055/03, 84118/04, 84730/05

71 A.D.3d 423 (2010)

896 N.Y.S.2d 57

MANUEL MATA, Appellant, v. THE PARK HERE GARAGE CORP. et al., Respondents. THE PARK HERE GARAGE CORP., Third-Party Plaintiff-Respondent, v. JONATHAN & GABRIELLE PARKING INC., Third-Party Defendant-Respondent. (And a Second Third-Party Action.)

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

Decided March 4, 2010.


Plaintiff, an independent contractor, was engaged to repair an inoperative rolling garage gate permanently affixed to a structure used as a commercial parking facility (see Izrailev v Ficarra Furniture of Long Is., 70 N.Y.2d 813, 815 [1987]). The work required the removal of a 300-pound tube-and-spring assembly from brackets securing it to the top of the garage entranceway, more than 10 feet above the ground. Plaintiff improvised...

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