ENCARNACION v. 3361 THIRD AVE. HOUS. DEV. FUND CORP.

10235, 304134/14.

176 A.D.3d 627 (2019)

112 N.Y.S.3d 31

2019 NY Slip Op 07746

Julio Encarnacion, Respondent, v. 3361 Third Avenue Housing Development Fund Corporation et al., Appellants, et al., Defendant. (And Third-Party Actions.)

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

Decided October 29, 2019.


Attorney(s) appearing for the Case

Gerber Ciano Kelly Brady LLP, White Plains ( Laura Ashley Martin of counsel), for appellants.

Gorayeb & Associates, P.C., New York ( Howard B. Altman of counsel), for respondent.

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


Plaintiff alleges that he was injured during the disassembly of a formwork structure used to construct a concrete wall. The record shows that plaintiff's supervisor, operating an excavator, lifted a section of formwork out of an excavation pit and moved it to ground level. The formwork remained connected to the excavator bucket via a chain, and was kept in an upright position by brace frames. The connector pins attaching the brace frames to the panel were to be removed so...

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