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MITCHELL v. CATON ON THE PARK, LLC

2015-11477. Index No. 6065/09.

167 A.D.3d 865 (2018)

90 N.Y.S.3d 316

2018 NY Slip Op 08639

Simon Mitchell, Appellant, v. Caton on the Park, LLC, Defendant, and Springline Builders, LLC, Respondent. (And a Third-Party Action.)

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

Decided December 19, 2018.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff, a carpenter employed by Titus Associates, Inc. (hereinafter Titus), allegedly was injured while working at a construction site when his pants leg caught on a part of a rebar that had been left sticking out of concrete, causing him to trip and fall. The owner of the premises, the defendant Caton on the Park, LLC (hereinafter Caton), had hired the defendant Springline Builders, LLC...

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