ORTEGA v. EVEREST REALTY LLC

4076, 13845/07.

84 A.D.3d 542 (2011)

923 N.Y.S.2d 74

RUDY ORTEGA, Appellant, v. EVEREST REALTY LLC et al., Respondents, et al., Defendant.

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

Decided May 12, 2011.


Plaintiff seeks damages for injuries he suffered while demolishing a shed on property owned by Everest in the course of a project on which Sindrome was the general contractor. Plaintiff testified that the unshored aluminum 12-foot wall of the shed fell onto him and caused him to cut his leg with the gas powered demolition saw he was using to cut through the aluminum. Plaintiff testified that before the accident occurred, he had told his supervisor he was afraid of cutting...

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