DiMAGGIO v. SKANSKA USA BLDG., INC.

3521, 150387/13.

148 A.D.3d 600 (2017)

2017 NY Slip Op 02369

50 N.Y.S.3d 345

Ross DiMAGGIO, Respondent, v. SKANSKA USA BUILDING, INC., et al., Defendants, and PARK AVENUE BUILDING & ROOFING SUPPLIES, INC., Appellant.

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

Decided March 28, 2017.


Plaintiff, employed by a nonparty, testified that he fell after he picked up a pipe, stepped to his right, and slipped on a muddy, softball-sized, chopped-up piece of concrete. Plaintiff never testified that he could not use lifting equipment available to him because of the way the pipes had been stacked. Accordingly, the connection between Park Avenue's alleged negligence in placing the pipes and plaintiff's injury is too attenuated to conclude that Park Avenue's malfeasance...

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