CASALINI v. ALEXANDER WOLF & SON

102184/10-590573/10, 5229, 590224/11, 5228, 5227.

157 A.D.3d 528 (2018)

69 N.Y.S.3d 47

2018 NY Slip Op 00246

MICHAEL CASALINI et al., Appellants, v. ALEXANDER WOLF & SON et al., Respondents, et al., Defendants. MANHATTAN MALL EAT, LLC, et al., Third-Party Plaintiffs, and STRAWBERRY STORES, INC., et al., Third-Party Plaintiffs-Respondents, v. FLORIN PAINTING, INC., Third-Party Defendant-Respondent/Second Third-Party Defendant-Respondent. ALEXANDER WOLF & SON A DIVISION, Second Third-Party Plaintiff-Respondent.

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

Decided January 16, 2018.


Plaintiff Michael Casalini was allegedly injured at work on the renovation of a Strawberry store when he slipped and fell on a pile of debris that he maintains was either created or left unremedied by Wolf. Plaintiff testified that the pile of construction materials included sheetrock, pieces of wire and pipes. It also included garbage such as soda cans, a coffee cup and pizza boxes. Plaintiff testified that the floor where he slipped was wet. Plaintiff contends that he slipped...

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