SCHIAVONE v. SEAMAN ARMS, LLC

10575. 161990/15.

178 A.D.3d 529 (2019)

114 N.Y.S.3d 332

2019 NY Slip Op 08955

Michael A. Schiavone et al., Respondents, v. Seaman Arms, LLC, Appellant.

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

Decided December 12, 2019.


Attorney(s) appearing for the Case

Lester Schwab Katz & Dwyer, LLP, New York ( Daniel S. Kotler of counsel), for appellant.

Hasapidis Law Office, Scarsdale ( Annette Hasapidis of counsel), for respondent.

Concur—Richter, J.P., Manzanet-Daniels, Webber, Gesmer, JJ.


Plaintiff firefighter Michael Schiavone was injured while responding to a fire at a residential building owned by defendant. Schiavone testified that he was on the building's roof and as he was attempting to remove a piece of the roof that a fellow firefighter had cut open to allow for ventilation, his momentum carried him backwards and he stepped on something that caused him to fall. Although Schiavone did not initially see what caused his fall, he stated that when he stood...

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