GUEVARRA v. WRECKERS REALTY, LLC

2016-05488. Index No. 501547/12.

169 A.D.3d 651 (2019)

93 N.Y.S.3d 134

2019 NY Slip Op 00859

Jhonny Guevarra, Appellant, v. Wreckers Realty, LLC, Respondent.

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

Decided February 6, 2019.


Ordered that the order is affirmed, with costs.

The plaintiff allegedly was sweeping the floor at Jet Auto Wreckers (hereinafter Jet) when a piece of a skidloader being used to hoist a car engine broke and fell onto him. The plaintiff commenced this personal injury action against the defendant, the owner of the premises Jet was renting at the time, alleging common-law negligence and violations of Labor Law §§ 240 (1) and 241 (6). Following the completion...

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