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HIGGINS v. TST 375 HUDSON, L.L.C.

10797A, 10797, 43057/14E, 43112/14E, 43202/15E, 43102/16E.

179 A.D.3d 508 (2020)

119 N.Y.S.3d 80

2020 NY Slip Op 00358

Edward Higgins, Respondent, v. TST 375 Hudson, L.L.C., et al., Respondents-Appellants/Fourth Third-Party Plaintiffs-Respondents-Appellants, and ADCO Electrical Corp., Appellant-Respondent/Third-Party Defendant-Appellant-Respondent/Fifth Third-Party Plaintiff-Appellant-Respondent. Americon Construction Inc., Third-Party Plaintiff/Third Third-Party Plaintiff-Respondent-Appellant, v. EMCOR Services of New York/New Jersey Inc., Third-Party Defendant/Second Third-Party Plaintiff-Respondent-Appellant. OMC, Inc., et al., Second Third-Party Defendants-Appellants-Respondents/Third Third-Party Defendants-Appellants-Respondents/Fourth Third-Party Defendants-Appellants-Respondents/Fifth Third-Party Defendants-Appellants-Respondents.

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

Decided January 16, 2020.

Plaintiff seeks damages for personal injuries he sustained in a fall from a ladder while installing duct work on a building renovation project after either he received a shock or an arc fault occurred when he came into contact with a live electrical junction box. Summary judgment in plaintiff's favor as to liability on his Labor Law § 240(1) claim is precluded by an issue of fact as to whether the ladder, which was properly...

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