HENRY v. ELEVENTH AVENUE, L.P.

2010-09764.

87 A.D.3d 523 (2011)

928 N.Y.S.2d 72

2011 NY Slip Op 6118

PATRICK HENRY et al., Respondents, v. ELEVENTH AVENUE, L.P., et al., Appellants.

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

Decided August 2, 2011.


Ordered that the order is affirmed, with costs.

During the construction of a new high-rise building in Manhattan, the plaintiff, Patrick Henry (hereinafter the injured plaintiff), a carpenter, was working on the roof of a shanty that was located in the basement and used to store tools for the project. Above the shanty was a first floor concrete slab with, inter alia, metal pipes attached to it. Approximately four to five feet of space existed between the roof of the...

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