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BORRERO v. ACC CONSTRUCTION CORPORATION

10467. 21558/12E. 43035/13E. 43116/14E.

178 A.D.3d 440 (2019)

111 N.Y.S.3d 182

2019 NY Slip Op 08633

Linda BORRERO, Appellant, v. ACC Construction Corporation et al., Respondents, et al., Defendant. ACC Construction Corporation, Third-Party Plaintiff, v. South Bay Air Systems, LLC, Third-Party Defendant-Respondent. (And Other Third-Party Actions.)

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

Decided December 3, 2019.

Attorney(s) appearing for the Case

David Horowitz, PC, New York ( Christopher S. Joslin of counsel), for appellant.

Pillinger Miller Tarallo Law Firm, Elmsford ( Leslie G. Abele of counsel), for ACC Construction Corporation, and the Trustees of Columbia University in the City of New York, respondents.

Goldberg Segalla, Garden City ( Brendan T. Fitzpatrick of counsel), for South Bay Air Systems, LLC, respondent.

Concur—Friedman, J.P., Oing, Singh, Moulton, JJ.

Plaintiff's common-law negligence and Labor Law § 200 claims were properly dismissed. Plaintiff, who could not describe the defect in any dimensional manner, testified that the area in photographs taken by defendants was not the area of her fall, and she did not take her own photographs until the floor, which had been raw concrete during the gut renovation, had been patched with sealant. Defendants' witnesses denied seeing...

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