TROPEA v. TISHMAN CONSTR. CORP.

301679/14, 8934A, 84082/14, 8934.

172 A.D.3d 450 (2019)

100 N.Y.S.3d 237

2019 NY Slip Op 03533

Joseph V. Tropea, Respondent, v. Tishman Construction Corp. et al., Defendants, and USIS Systems, Inc., Appellant. (And A Third-Party Action.)

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

Decided May 7, 2019.


The cable tray that fell on plaintiff's head from atop two ladders was an object that required securing to prevent it from falling (see Outar v City of New York, 5 N.Y.3d 731 [2005], affg 286 A.D.2d 671 [2d Dept 2001]; Rutkowski v New York Convention Ctr. Dev. Corp., 146 A.D.3d 686 [1st Dept 2017]). The distance the tray fell was not de minimis...

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