LICATA v. AB GREEN GANSEVOORT, LLC

3320. 112822/08.

158 A.D.3d 487 (2018)

71 N.Y.S.3d 31

2018 NY Slip Op 01023

MICHAEL LICATA et al., Respondents, v. AB GREEN GANSEVOORT, LLC, et al., Appellants, and J.E.S. PLUMBING & HEATING CORP. et al., Respondents. ORION MECHANICAL SYSTEMS, INC., Third-Party Plaintiff-Respondent, v. ALFA PIPING CORP., Third-Party Defendant-Respondent, et al., Third-Party Defendant.

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

Decided February 13, 2018.


Plaintiff, a carpenter, was framing a bathroom on the 12th floor of the owner defendants' building. As he stepped backwards off the ladder on which he had been working, his left foot got "caught ... like sandwiched" in an unmarked and uncovered hole in the floor. Plaintiff twisted backwards, injuring his knee, but stopped himself from falling to the ground by placing a hand out. Plaintiff then straightened himself and pulled his foot out of the hole.

Plaintiff testified...

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