LESTER v. JD CARLISLE DEVELOPMENT CORP., MD.

5299. 152112/12.

156 A.D.3d 577 (2017)

68 N.Y.S.3d 60

2017 NY Slip Op 09259

RUSSELL J. LESTER, Appellant, v. JD CARLISLE DEVELOPMENT CORP., MD., et al., Respondents. (And a Third-Party Action.) FACADE TECHNOLOGY, LLC, Fourth-Party Plaintiff, v. EXTERIOR ERECTING SERVICES, INC., Fourth-Party Defendant-Respondent. (And a Fifth-Party Action.)

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

Decided December 28, 2017.


Plaintiff was injured when he slipped to his knees on the sloped roof of a parking garage where he was installing panels for a video screen and his arm came into contact with the sharp edge of exposed flashing that had been installed as part of the video screen. The temporary roof surface was a membrane covered in small granules variously described as a fine-grit stone similar to sand, cinder materials, or ball bearings.

Industrial Code § 23-1.7 (e) (1), which...

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