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ARMENTAL v. 401 PARK AVE. SOUTH ASSOC., LLC

11170.

182 A.D.3d 405 (2020)

121 N.Y.S.3d 259

2020 NY Slip Op 02154

Domingo Armental, Jr., Appellant, et al., Plaintiff, v. 401 Park Avenue South Associates, LLC, et al., Respondents. United Alliance Enterprises, LLC, Third-Party Plaintiff-Respondent, v. Alliance Building Systems, LLC, Doing Business as Elite Glass, Third-Party Defendant-Respondent.

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

Decided April 2, 2020.

The court correctly dismissed the complaint as against Meringoff Properties, Inc., in light of plaintiff's concession that there is no basis for holding Meringoff liable.

The court correctly dismissed the Labor Law § 240(1) claim, as that statute does not cover a fall allegedly caused by stepping on a pile of unsecured pipes on the floor of a construction site (see Berg v Albany Ladder Co., Inc., 10 N.Y.3d 902 [2008...

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