DOUGLAS v. SHERWOOD 48 ASSOC.

6869, 302851/08, 84047/08.

162 A.D.3d 498 (2018)

79 N.Y.S.3d 139

2018 NY Slip Op 04426

Norma Douglas, Respondent, v. Sherwood 48 Associates et al., Appellants. (And a Third-Party Action.)

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

Decided June 14, 2018.


Plaintiff was injured while pulling a mobile scaffold with both hands, when she stepped backward and her left heel fell into one of the estimated 12-inch deep trenches in the concrete flooring, and a wheel of the scaffold dropped onto her foot.

Summary dismissal of the Labor Law § 200 and common-law negligence claims is precluded by testimony and photographic evidence that raises triable issues of fact as to whether...

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