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SALAZAR v. NOVALEX CONTR.

No. 200.

18 N.Y.3d 134 (2011)

2011 NY Slip Op 8446

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

Court of Appeals of New York.

Decided November 21, 2011.

Attorney(s) appearing for the Case

White Quinlan & Staley, L.L.P., Garden City ( Arthur T. McQuillan , of counsel), for Novalex Contracting Corp., appellant.

Law Offices of Epstein & Rayhill, Elmsford ( Jonathan R. Walsh , of counsel), for 96 Rockaway, LLC, appellant.

Kral Clerkin Redmond Ryan Perry & Girvan,, Melville ( James V. Derenze of counsel), for T-Construction Co., Inc., appellant.

The Perecman Firm, P.L.L.C., New York City ( Peter Rigelhaupt and David H. Perecman of counsel), for respondent.

Judges GRAFFEO, READ and SMITH concur with Judge PIGOTT; Chief Judge LIPPMAN dissents and votes to affirm in a separate opinion in which Judges CIPARICK and JONES concur.

OPINION OF THE COURT

PIGOTT, J.

Plaintiff Raul Salazar was injured in May 2004, while working in the basement of a Brooklyn building undergoing renovations. The property was owned by 96 Rockaway, LLC. Salazar was employed by T-Construction Co., Inc.; the general contractor was Novalex Contracting Corp. The accident occurred in the largest room of the basement, which had a trench system for piping. Salazar and the other workmen were laying a concrete floor...

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