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SCOTTO v. 315 PARK AVE S, LLC

10926, 154444/12, 590271/13, 595876/15.

179 A.D.3d 624 (2020)

114 N.Y.S.3d 883

2020 NY Slip Op 00682

Vincent Scotto, Plaintiff, v. 315 Park Ave S, LLC, et al., Defendants. Credit Suisse Securities (USA) LLC, Second Third-Party Plaintiff, v. Responsys, Inc., Second Third-Party Defendant-Respondent. Plaza Construction Corp., Fifth Third-Party Plaintiff-Respondent, v. Cosmopolitan Decorating Co., Inc., Fifth Third-Party Defendant-Appellant. (And Other Third-Party Actions.)

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

Decided January 30, 2020.

Plaintiff alleges that he was injured when he fell from a ladder as he was performing wiring work on the 9th floor of the subject premises. Plaza was the general contractor for the renovation work, and it subcontracted various entities, including Cosmopolitan, which was responsible for painting. Plaintiff testified that after he fell, he noticed that plastic that was covering the carpet caused the ladder to shift, and stated that on the day prior to his accident, painters...

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