GUTIERREZ v. 451 LEXINGTON REALTY LLC

5124. 305823/13. 83954/14.

156 A.D.3d 418 (2017)

66 N.Y.S.3d 463

2017 NY Slip Op 08475

PEDRO GUTIERREZ, Appellant, v. 451 LEXINGTON REALTY LLC et al., Respondents. 451 LEXINGTON REALTY LLC et al., Third-Party Plaintiffs-Respondents, v. VORTEX ELECTRIC CO. INC. et al., Third-Party Defendants-Respondents.

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

Decided December 5, 2017.


Plaintiff established entitlement to judgment as a matter of law on the issue of liability where he was injured during the course of his employment when a reel of electrical wire weighing 500 to 1,000 pounds fell and struck his foot. Workers were rolling the reel up two wooden planks for loading onto a van when it fell, and although there are questions as to whether plaintiff was actually involved in moving the reel, plaintiff demonstrated that he sustained injuries from...

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