COAXUM v. METCON CONSTRUCTION, INC.

6960, 24303/04, 85169/06.

93 A.D.3d 403 (2012)

939 N.Y.S.2d 415

2012 NY Slip Op 1547

SCOTT COAXUM, Respondent, v. METCON CONSTRUCTION, INC., Defendant, and 200 WEST 26, LLC, et al., Appellants. (And a Third-Party Action.)

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

Decided March 1, 2012.


On or about August 12, 2002, plaintiff was working on premises owned by defendant 200 West 26, LLC and leased by defendant Buy Buy Baby, Inc. Plaintiff was responsible for taping sheetrock prior to its being painted. While working, he became involved in a dispute with another worker, who, in the course of the dispute, pushed plaintiff. After being pushed, plaintiff stepped back into an open hole and fell, breaking his leg.

Defendants failed to establish they should...

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