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OHADI v. MAGNETIC CONSTRUCTION GROUP CORP.

11387.

182 A.D.3d 474 (2020)

122 N.Y.S.3d 612

2020 NY Slip Op 02278

Ala Ohadi et al., Appellants-Respondents, v. Magnetic Construction Group Corp. et al., Respondents-Appellants, and Stonehill & Taylor Architects, P.C., et al., Respondents, et al., Defendants. Magnetic Construction Group Corp., Third-Party Plaintiff-Respondent-Appellant, v. Haren & Keller Painting Corp., Third-Party Defendant-Respondent-Appellant, and Cassway Construction Corp. et al., Third-Party Defendants-Respondents.

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

Decided April 16, 2020.

Plaintiff Ala Ohadi seeks to recover damages for injuries he allegedly sustained when he slipped and fell down a staircase at a building undergoing renovation where he was working. He asserts claims for, inter alia, common-law negligence and violations of Labor Law §§ 200 and 241(6). Contrary to 1170 Broadway's, Magnetic's and H&K's contentions, plaintiff's identification of the cause of his slip and fall is not merely speculation. He testified that after he...

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