PEREZ v. GATEWAY REALTY LLC

2271, 302081/09.

144 A.D.3d 571 (2016)

2016 NY Slip Op 07864

42 N.Y.S.3d 20

RAFAEL PEREZ et al., Appellants, v. GATEWAY REALTY LLC, Respondent, et al., Defendant.

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

Decided November 22, 2016.


Plaintiff Rafael Perez, who was the superintendent at Gateway's building, sustained neck and back injuries after following a directive from Gateway's principal to move an elevator motor, which weighed between 500 and 600 pounds, and which rested atop a dolly, from the freight elevator to the street. As plaintiff pushed the old motor out of the building with the assistance of another worker, a wheel of the dolly became stuck in a sidewalk crack. Plaintiff was injured when...

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