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MARTINEZ v. 3801 EQUITY COMPANY, LLC

4915, 157941/12.

155 A.D.3d 445 (2017)

63 N.Y.S.3d 664

2017 NY Slip Op 07938

LUIS JOSE MARTINEZ, Appellant, v. 3801 EQUITY COMPANY, LLC, Respondent, et al., Defendants. (And a Third-Party Action.)

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

Decided November 14, 2017.

Plaintiff alleges that he was injured when he stepped into a hole located in his employer's backyard while taking out the garbage for the night. The hole had been dug in connection with ongoing construction by plaintiff's employer, the Negro Claro Lounge, to convert its backyard into additional restaurant space. Negro Claro Lounge operated out of the premises through a verbal agreement with the lessee, third-party defendant Morales...

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