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ORTIZ v. VARSITY HOLDINGS, LLC

No. 226

18 N.Y.3d 335 (2011)

960 N.E.2d 948

937 N.Y.S.2d 157

2011 NY Slip Op 9161

Luis F. ORTIZ, Appellant, v. VARSITY HOLDINGS, LLC et al., Respondents.

Court of Appeals of New York.

Decided December 20, 2011.

Attorney(s) appearing for the Case

Law Office of Richard Paul Stone, New York City ( Richard Paul Stone of counsel), and Law Offices of Albert Zafonte Jr. & Associates, Uniondale ( Albert Zafonte Jr. of counsel), for appellant.

Rebore, Thorpe & Pisarello, P.C., Farmingdale ( Timothy J. Dunn III and Michelle S. Russo of counsel), for respondents.

Fiedelman & McGaw, Jericho ( Andrew Zajac and Dawn C. DeSimone of counsel), Rona L. Platt , Uniondale, Brendan T. Fitzpatrick , Albertson, and Julian Ehrlich , Jericho, for Defense Association of New York, Inc., amicus curiae.

Nicholas I. Timko , New York City, David L. Scher and Brian J. Shoot for New York State Trial Lawyers Association, amicus curiae.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH and JONES concur.

OPINION OF THE COURT

PIGOTT, J.

Plaintiff Luis F. Ortiz was injured while engaged in demolition work at an apartment building being renovated in Brooklyn. The property was owned by defendant Varsity Holdings, LLC and managed by defendant Mag Realty Corp. Ortiz and his coworkers were taking debris from the building and placing it in a dumpster outside. According to Ortiz, the dumpster was about six feet high...

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