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MORERA v. NEW YORK CITY TRANSIT AUTHORITY

11283.

182 A.D.3d 509 (2020)

123 N.Y.S.3d 117

2020 NY Slip Op 02535

David Morera, Appellant, v. New York City Transit Authority, Defendant, and George Comfort & Sons, Inc., et al., Respondents. George Comfort & Sons, Inc., et al., Third-Party Plaintiffs-Respondents, v. First Quality Maintenance II, LLC, Doing Business as First Quality Maintenance, Third-Party Defendant-Respondent.

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

Decided April 30, 2020.

Plaintiff testified that he was about 15-to-17 feet above ground on a 24-foot ladder cleaning the windows inside a building owned and managed by defendants WWP and George Comfort, when a ceiling tile suddenly fell and struck him, causing the ladder to tip backward away from the wall against which it had been leaning. Although the ladder fell against the opposite wall, plaintiff fell off the ladder and was thrown to the ground below. When the accident occurred, the ladder...

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