Ordered that the order is affirmed, with costs.
The plaintiff Edgardo Carrillo (hereinafter the injured plaintiff), an employee of the third-party defendant Comprehensive Construction Contractor, Inc., allegedly was injured when his right foot went through a "rotted" portion of plywood subflooring while performing repair and replacement work in the basement of a two-family rental property owned by the defendant. The plywood subflooring was exposed when the injured...
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