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FABRIZI v. 1095 AVE. OF THE AMS., L.L.C.

No. 15

22 N.Y.3d 658 (2014)

8 N.E.3d 791

985 N.Y.S.2d 416

2014 NY Slip Op 1206

RICHARD FABRIZI, Respondent, v. 1095 AVENUE OF THE AMERICAS, L.L.C., et al., Appellants, and VERIZON NEW YORK, INC., et al., Defendants. (And Other Actions.)

Court of Appeals of New York.

Decided February 20, 2014.

Attorney(s) appearing for the Case

London Fischer LLP, New York City ( Daniel Zemann, Jr. , and David B. Franklin of counsel), for appellants.

Pollack Pollack Isaac & DeCicco, LLP, New York City ( Brian J. Isaac , Michael H. Zhu and Kenneth J. Gorman of counsel), and Block O'Toole & Murphy for respondent.

Judges GRAFFEO, READ and SMITH concur with Judge Pigott; Chief Judge LIPPMAN dissents in an opinion in which Judge RIVERA concurs; Judge ABDUS-SALAAM taking no part.

OPINION OF THE COURT

PIGOTT, J.

Plaintiff, an electrician employed by Forest Electric Corp. (Forest), sustained injury when a 60-80 pound conduit pipe fell on his hand. Forest had been hired by defendant J.T. Magen Construction Company, Inc. (Magen) to overhaul the electrical system in offices leased by defendant Dechert, LLP (Dechert) from the building owner, defendant 1095 Avenue of the Americas, L.L.C. (1095).

As part of the overhaul, Forest was...

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