SALAZAR v. NOVALEX CONTRACTING CORP.

227, 21604/04.

72 A.D.3d 418 (2010)

897 N.Y.S.2d 423

RAUL SALAZAR, Appellant, v. NOVALEX CONTRACTING CORP. et al., Respondents. (And a Third-Party Action.)

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

Decided April 1, 2010.


Plaintiff was injured while he was spreading freshly poured concrete in the basement of a building that was being renovated. He fell into an open trench while walking backwards and using a tool to smooth out the concrete. Although his torso remained at floor level, his entire right leg went into the trench. According to plaintiff, the room in which the accident occurred contained several trenches. He testified that the trench he...

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