MORALES v. AVALON BAY COMMUNITIES, INC.

1490, 304836/08.

140 A.D.3d 533 (2016)

34 N.Y.S.3d 29

2016 NY Slip Op 04810

BONFILIA MORALES, Appellant, v. AVALON BAY COMMUNITIES, INC., Now Known as AVALONBAY COMMUNITIES INC., Respondent.

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

Decided June 16, 2016.


The evidence shows that defendant retained plaintiff's employer, nonparty Urban Cleaning Contractors (Urban), to perform a "final cleaning" of the units of a new residential apartment building owned by defendant, before the units were turned over to tenants. At the time of the accident, the construction was in the process of winding down, with about 90% of the units occupied. Urban employed plaintiff to clean kitchens in the building. On the day of the accident, plaintiff...

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