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CAPPABIANCA v. SKANSKA INC.

103046/06, 6425.

99 A.D.3d 139 (2012)

950 N.Y.S.2d 35

2012 NY Slip Op 5948

JOHN CAPPABIANCA, Appellant, v. SKANSKA USA BUILDING INC., et al., Respondents.

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

August 14, 2012.

Attorney(s) appearing for the Case

Andrew H. Rosenbaum , New York City, for appellant.

Shaub, Ahmuty, Citrin & Spratt, LLP, Lake Success ( Robert M. Ortiz , Christopher Simone and Gerard S. Rath of counsel), for Skanska USA Building Inc. and others, respondents.

Law Offices of Safranek, Cohen & Krolian, White Plains ( Joseph J. Rava of counsel), for Safety and Quality Plus, Inc., respondent.

FRIEDMAN and RENWICK, JJ., concur with FREEDMAN, JJ.; MAZARELLI, J.P., and CATTERSON, J., dissent in a separate opinion by CATTERSON, J.

OPINION OF THE COURT

FREEDMAN, J.

Plaintiff John Cappabianca seeks to recover for injuries he sustained in July 2005 when his foot became stuck, causing him to fall off the pallet on which he was standing while cutting bricks with an electric saw at the construction site for a New York City school. He asserted claims against all defendants under Labor Law §§ 200 (1), 240 (1) and 241 (6), as well as a claim sounding in common-law negligence. Plaintiff...

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