SCISCENTE v. LILL OVERHEAD DOORS, INC.

509476.

78 A.D.3d 1300 (2010)

910 N.Y.S.2d 248

MATTHEW R. SCISCENTE, Appellant, v. LILL OVERHEAD DOORS, INC., Respondent.

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

Decided November 4, 2010.


McCarthy, J.

Plaintiff, a mechanic, was injured at work when a garage door struck him on the head in December 2005. The parties dispute whether the door was accidentally pulled down onto plaintiff by a coworker or whether it descended on its own. Defendant had installed several garage doors for plaintiff's employer in 1993 and repaired them on an as-needed basis when called by the employer. The most recent repair defendant performed prior to plaintiff's accident was...

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