GELVEZ v. TOWER 111, LLC

7722. 159225/12.

166 A.D.3d 547 (2018)

86 N.Y.S.3d 722

2018 NY Slip Op 08091

Eduardo Gelvez et al., Appellants, v. Tower 111, LLC, et al., Respondents, et al., Defendants.

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

Decided November 27, 2018.


Plaintiff Eduardo Gelvez was injured when a cinder block wall that he was demolishing collapsed onto the scaffold on which he was working, knocking the scaffold over. The bottom of the wall had already been demolished when the accident occurred. Triable issues of fact exist as to whether plaintiff was instructed to demolish the wall from top to bottom, and whether any decision by plaintiff to work from the bottom up, in contravention of an explicit instruction or in contravention...

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