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CACKETT v. GLADDEN PROPERTIES, LLC

157267/14. 11455A. 11455.

183 A.D.3d 419 (2020)

123 N.Y.S.3d 581

2020 NY Slip Op 02729

Scott Cackett, Plaintiff, v. Gladden Properties, LLC, et al., Appellants-Respondents, Interstate Drywall Corp., Respondent, and KD Electric, Inc., Respondent-Appellant, et al., Defendant. Gladden Properties, LLC, et al., Third-Party Plaintiffs-Appellants-Respondents, v. Port Morris Tile & Marble Corporation et al., Third-Party Defendants-Respondents, et al., Defendant. Gladden Properties, LLC, et al., Second Third-Party Plaintiffs-Appellants-Respondents, v. KD Electric, Inc., Second Third-Party Defendant-Respondent-Appellant.

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

Decided May 7, 2020.

Plaintiff was allegedly injured when a heavy metal door that had been stored in an inadequately lit room fell over on him. Except as to defendant Port Morris, plaintiff's employer, and contrary to the appealing parties' contentions, the record is replete with issues of fact and credibility precluding summary judgment on the Labor Law § 200 and common-law negligence claims as against the Structure Tone defendants, the owners, occupant and general contractor, and on the...

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