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LOMBARDI v. STRUCTURE TONE, INC.

1308, 110648/11, 590270/12.

140 A.D.3d 539 (2016)

33 N.Y.S.3d 258

2016 NY Slip Op 04869

ANDREW LOMBARDI, Appellant-Respondent, v. STRUCTURE TONE, INC., et al., Respondents-Appellants, et al., Defendants. (And a Third-Party Action.)

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

Decided June 21, 2016.

The 41-year-old plaintiff was injured on August 3, 2011 when he stepped on a piece of electrical conduit debris on defendants Structure Tone and Cowtan & Tout's work site. The jury found defendants liable for plaintiff's injury under Labor Law § 241 (6), premised on a violation of Industrial Code (12 NYCRR) § 23-1.7 (e) (2) (tripping and other hazards in work areas), allocating 65% fault to defendants and 35% to plaintiff...

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