VAZQUEZ v. TAKARA CONDOMINIUM

2546, 300498/10, 84176/10.

145 A.D.3d 627 (2016)

2016 NY Slip Op 08937

44 N.Y.S.3d 386

ALBERTO VAZQUEZ et al., Appellants, v. TAKARA CONDOMINIUM, Respondent/Third-Party Plaintiff-Respondent, et al., Defendants. NATIONS ROOF EAST, LLC, Third-Party Defendant-Respondent.

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

Decided December 29, 2016.


Plaintiff Alberto Vazquez was injured during the course of his employment at a construction site on property owned by Takara. Takara had retained Vazquez's employer, Nations, to replace an outdoor plaza and to perform repair work in the garage directly underneath the plaza. Vazquez allegedly slipped and fell as he was descending a flight of stairs leading from the plaza to the garage.

The court properly rejected Vasquez's affidavit as being tailored to avoid the consequences...

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