ORTEGA v. TRINITY HUDSON HOLDING LLC

10232, 303059/15, 83866/16.

176 A.D.3d 625 (2019)

112 N.Y.S.3d 33

2019 NY Slip Op 07743

Joao Ortega, Respondent-Appellant, v. Trinity Hudson Holding LLC et al., Appellants-Respondents, et al., Defendant. (And a Third-Party Action.)

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

Decided October 29, 2019.


Attorney(s) appearing for the Case

Newman Myers Kreines Gross Harris, P.C., New York ( Charles Dewey Cole, Jr. of counsel), for appellants-respondents.

Gorayeb & Associates, P.C., New York ( John M. Shaw of counsel), for respondent-appellant.

Concur—Renwick, J.P., Manzanet-Daniels, Mazzarelli, Webber, Oing, JJ.


Plaintiff sustained comminuted fractures in his right hand when, while securing a piece of equipment he referred to as a "delta scaffold" to a bracket on a wall with a "tieback," the scaffold tipped over and pinned his hand against the bracket. At the time, two stacks of counterweights were placed on the scaffold for the purpose of balancing out a suspension scaffold that would later be suspended from the other end.

Plaintiff is entitled to partial summary judgment...

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