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ROSSI v. 140 W. JV MGR. LLC

9140, 160467/15, 595164/16, 595516/16.

171 A.D.3d 668 (2019)

99 N.Y.S.3d 38

2019 NY Slip Op 03292

Robert Rossi, Respondent, v. 140 West JV Manager LLC et al., Appellants, and J.T. Magen & Company Inc., Respondent. 140 West JV Manager LLC et al., Third-Party Plaintiff, v. H & L Electric, Inc., Third-Party Defendant. (And Another Third-Party Action.)

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

Decided April 30, 2019.

Summary judgment on the issue of liability was properly granted in this action where plaintiff was injured when he tripped and fell over construction debris at the work site. The area where plaintiff fell was, by definition, a passageway, as he tripped over Vanquish's demolition debris along the only route he could take to return to his work area with a ladder (see Lois v Flintlock Constr. Servs., LLC, 137 A.D.3d 446, 447 [1st Dept...

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