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CANTY v. 133 E. 79TH ST., LLC

7936. 156588/15.

167 A.D.3d 548 (2018)

91 N.Y.S.3d 98

2018 NY Slip Op 09022

Thomas Canty, Appellant-Respondent, v. 133 East 79th Street, LLC, Respondent-Appellant, and Spieler & Ricca Electrical Co., Inc., Respondent. (And Third-Party Actions.)

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

Decided December 27, 2018.

Plaintiff was searching for a tool in his employer's gang box when the lid of the gang box fell and closed on his left hand. He claims that a Spieler employee had carelessly knocked the lid over when the employee lifted open the lid of a Spieler gang box, which was "back to back" with his employer's gang box, due to overcrowding in the work area. At the time, plaintiff was performing construction work on property owned by defendant...

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