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ALI v. SLOAN-KETTERING INST. FOR CANCER RESEARCH

10161, 311165/11.

176 A.D.3d 561 (2019)

2019 NY Slip Op 07544

Nasir Ali, Appellant, v. Sloan-Kettering Institute for Cancer Research et al., Respondents, et al., Defendant. Sloan-Kettering Institute for Cancer Research et al., Third-Party Plaintiffs, v. CM Air Conditioning Contractors, Inc., Third-Party Defendant-Respondent.

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

Decided October 22, 2019.

Attorney(s) appearing for the Case

Sacks and Sacks, LLP, New York ( Scott N. Singer of counsel), for appellant.

Dopf, P.C., New York ( Martin B. Adams of counsel), for Sloan-Kettering Institute for Cancer Research, Memorial Hospital for Cancer and Allied Diseases, JGN Construction Corp., JGN Construction Management, LLC, Memorial Sloan Kettering Cancer Center, and Memorial Sloan Kettering Institute for Cancer Research, respondents.

Lester Schwab Katz & Dwyer, LLP, New York ( Paul M. Tarr of counsel), for CM Air Conditioning Contractors, Inc., respondent.

Concur—Renwick, J.P., Gische, Tom, Gesmer, Moulton, JJ.

Plaintiff was injured when an air conditioning system coil that weighed at least 300 pounds and was being transported secured to two dollies fell on his leg as he and three coworkers unloaded it from a truck. After plaintiff and his coworkers had brought the coil to ground level on the truck's lift gate and were attempting to move it off the lift gate, a wheel of a dolly became caught in a gap on the lift gate, and the coil tipped over.

In view of the weight of the...

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