JOSHUA R. v. 101 DELANCEY REALTY, LLC

7788. 150629/15.

167 A.D.3d 422 (2018)

88 N.Y.S.3d 23

2018 NY Slip Op 08258

Joshua R., an Infant, by Carmen N., His Mother and Natural Guardian, Plaintiff, v. 101 Delancey Realty, LLC, Respondent, and Jumuna Contracting, Inc., Appellant. (And a Third-Party Action.)

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

Decided December 4, 2018.


The infant plaintiff was a pedestrian on the sidewalk adjacent to a building owned by 101 Delancey that was undergoing construction, when he was struck in the eye by an unknown particle, which appeared to be debris. Plaintiff testified at his deposition that, before the incident, he saw a man on a ladder in front of the building holding a scraper, and debris, like small rocks and pebbles, on the ground. 101 Delancey had retained Jumuna to perform repairs, including removing...

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