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ANKERS v. HORIZON GROUP, LLC

1662, 155221/12.

141 A.D.3d 418 (2016)

35 N.Y.S.3d 78

DANIEL ANKERS, Respondent, v. HORIZON GROUP, LLC, et al., Defendants, and HORIZON AT RIDGE HILL, LLC, et al., Appellants. (And a Third-Party Action.)

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

Decided July 5, 2016.

Plaintiff was the foreman for third-party Hank Shaw Golf Construction, LLC (Shaw). Shaw was engaged to perform certain plumbing work on the "Horizon at Ridge Hill" project to build condominiums on top of a hill. At the end of the work day, plaintiff went to talk to a co-worker who was operating a Benford motorized wheelbarrow (Benford), which was stopped near the top of the hill. Plaintiff stood on the Benford to talk to his co...

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