SALGADO v. RUBIN

2018-14485. Index No. 8516/15.

183 A.D.3d 617 (2020)

123 N.Y.S.3d 153

2020 NY Slip Op 02640

Johnny Salgado, Appellant, v. Kenneth Rubin et al., Respondents. (And a Third-Party Action.)

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

Decided May 6, 2020.


Ordered that the order is affirmed, with costs.

In January 2015, the plaintiff, employed by a water, smoke, and fire damage restoration company, was working at the defendants' vacation home in Bridgehampton, which had sustained water damage from a burst pipe in the attic. While the plaintiff was standing on a floor joist in the attic, he fell to the floor below when the joist allegedly moved, sustaining injuries.

In May 2015, the plaintiff commenced this action...

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