OVALLE v. BUCKWALTER

Index No. 20677/15E. Appeal No. 12113. Case No. 2018-5934.

187 A.D.3d 583 (2020)

130 N.Y.S.3d 675

2020 NY Slip Op 05861

Osvaldo Ovalle, Appellant, v. Jane F. Buckwalter, Respondent/Third-Party Plaintiff-Respondent, et al., Defendants. WM Dorvillier & Company, Third-Party Defendant-Respondent.

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

Decided October 20, 2020.


On July 10, 2013, plaintiff was employed by third-party defendant WM Dorvillier & Company, Inc. (Dorvillier) as a laborer on a renovation project at 184 Berkeley Place, in Brooklyn. Plaintiff injured his hand and leg while using an allegedly defective mill grinder. Defendant Jane Buckwalter has owned the premises, a four floor, two-family brownstone, since 1969. The top floor residence was occupied by a tenant couple, defendant resided in the two middle floors of the...

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