RAMIREZ v. SHOATS

1993, 15424/05.

78 A.D.3d 515 (2010)

911 N.Y.S.2d 310

HUGO RAMIREZ, Respondent, v. CYNTHIA SHOATS, Appellant, et al., Defendants.

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

Decided November 18, 2010.


Plaintiff was injured when a piece of corrugated metal covering the unfinished landing of a newly constructed stairway slipped under his feet, causing him to fall to the basement level of a building under construction. While defendant did not dispute at oral argument that plaintiff fell more than one story, the record is quite unclear as to which floor plaintiff fell from, a confusion that is perhaps due to which floor each party considers to be the "first" floor. In his...

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