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BROWN v. 44 ST. DEV., LLC

671, 154315/12.

137 A.D.3d 703 (2016)

27 N.Y.S.3d 380

2016 NY Slip Op 02527

DONALD BROWN et al., Respondents, v. 44 STREET DEVELOPMENT, LLC, et al., Appellant.

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

Decided March 31, 2016.

Plaintiff was injured when, while carrying wood planks, he fell through an opening in a latticework rebar deck to a plywood form that was 12 to 18 inches below. "There is no bright-line minimum height differential that determines whether an elevation hazard exists" (Auriemma v Biltmore Theatre, LLC, 82 A.D.3d 1, 9 [1st Dept 2011]), and here, the record establishes that plaintiff's fall...

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